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HomeMy WebLinkAboutpitkin.planning.000000000000 (2015) k MEMORANDUM TO: Pitkin County,Board of County Commissioners FROM: Cindy Houben,Community Development Director Mike Kraemer, Planner pig RE: Special Events Code Amendments,Continued 1'Reading and Public Meeting DATE: February 11th,2015 REQUEST: The BOCC has requested that Staff initiate Land Use Code Amendments to address a "loophole" in the current Land Use Code that can allow, with no permit, large private gatherings that have no limit on scale, duration, intensity, and construction of temporary structures that could have no limits on size,dimensions,height,or site placement. BACKGROUND: The BOCC heard this request at 11 Reading on January 28th, 2015. At this meeting, the BOCC discussed the Special Events Code amendments that were written to address the entirety of Pitkin County, specifically the Rural and Remote, urban, and rural areas of the County. Also proposed were regulations regarding Special Events Venues which attempt to address properties that hold more than a certain number of events per calendar year. In consideration of the proposed amendments,the BOCC directed Staff to focus the proposed legislation on the Rural and Remote Zone District and Special Events Venues and reserve the urban and rural areas of the amendments for future discussion. This direction was consistent with P&Z recommendation and comments received from the Caucuses and members of the public who have requested more time to consider the urban and rural area amendments. With this direction, Staff has eliminated the threshold tables referencing the urban and rural areas and created an"exemption from permit"statement chapter 4 that states: "Private/non-commercial special events that take place on private land within the Aspen Urban Growth Boundary, Basalt Urban Growth Boundary, or within the Rural Area of Pitkin County are exempt from the requirement to obtain a Special Events permit." This exemption specifically relieves private, non-commercial events from obtaining a special events permit, however, public/commercial events will still be required to obtain a permit. This is consistent with how events are reviewed currently under the Code and affords the County additional time to evaluate this portion of the Code amendments. Additional direction from the BOCC included changes to the ordinance in the following fashion: • Cross reference noticing requirements in the Special Events Venue section; • Increase the attendance limits within the Rural and Remote Zone District and establish an absolute cap of 250 attendees; • Create a definition for"temporary structure"and"tent"; • Create a time limit for temporary structures; 1 . w 00000 , of so • Add the requirement for an"annual review"for Special Events Venues; Staff has also restructured the Special Event defmition and Special Events Venue definition to better define the activities. RECOMMENDATION: Staff recommends that the BOCC adopt the proposed draft Ordinance on 1" Reading (public meeting) and continue 2nd Reading(public hearing) scheduled for February 11th,2015,to February 256,2015. ATTACHMENTS A. Full text draft ordinance 2 3 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,AMENDING TITLE 8 OF THE PITII1 COUNTY CODE,SPECIFICALLY THE 2006 LAND USE CODE FOR LAND USE CODE TEXT AMENDMENTS Ordinance No. -2015 RECITALS 1. Land Use Code amendments have been proposed to change the Special Events/Temporary Commercial Uses sections of the Code. Amendments will be made to the following Chapters and Sections: • ATTACHMENT A—Chapter 11, Definitions • ATTACHMENT B-Chapter 2,procedures and Table 2-1 • ATTACHMENT C—Chapter 4, Permitted Use Table Chart and Use Specific Standards 2. The Planning and Zoning Commission reviewed the proposed code amendments at a regularly scheduled meeting on January 6th, 2015 and continued meeting on January 20th, 2015. The Planning and Zoning Commission voted 5-1 to recommend approval of the Rural and Remote (RR)Zone District and Special Events Venue portion of the amendments to the BOCC. 3. The BOCC reviewed the proposed Code Amendments at 1St Reading and regularly scheduled public meeting on January 28th, 2015 and at a continued 1St Reading on February 11th, 2015. 2"d Reading and a duly noticed public hearing was scheduled for February 11th, 2015 and continued to February 25th,2015. 4. The BOCC finds that the amendments to the Land Use Code will address the concerns that gave rise to the moratorium that was adopted pursuant to BOCC Ordinance No.020-2014. 5. The BOCC further finds that the amendments to the Code are in compliance with Section 2-40-10 of the Code and are consistent with the adopted Master Plans throughout the County. 6. The BOCC further finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately upon adoption NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends the above-referenced Section of the 2006 Pitkin County Land Use Code, as set forth in attachments A through C. Attachment D illustrates the Rural and Remote Zone District. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON ,2015. 0000113 NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.aspenpitkin.com)ON THE DAY OF 2015. INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 28th day of January,2015 and February 11t,2015. APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 25th day of February, 2015. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEADIATELY UPON ADOPTION. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY on the day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO Jeanette Jones Steven F.Child, Deputy Clerk Chairman Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, County Attorney Community Development Director Ordinance No. -2015 Page 2 of 2 000det ATTACHIIIIENT A Chapter 11 Definitions ARTS AND CRAFTS STUDIO, ACCESSORY means an Arts or Crafts Studio that is accessory to a primary residential use, provided that no sales of arts, crafts, or other goods may take place on the premises. ASPECT means the cardinal direction the land surface faces, characterized by north-facing slopes generally having heavier vegetation cover. ASPEN URBAN GROWTH BOUNDARY means the area depicted on Attachment B (map)to Ordinance 023-2000, appearing in Chapter 3 as Figure 3-1 of this Land Use Code. ATTENDEES means the number of persons participating in a Special Event or Temporary Land Use and Activities including those employed and/or volunteering for the duration of the activity. ATTIC means an area between roof framing and the ceiling framing of the room(s)below. AUTOMOBILE PARKING LOT, COMMERCIAL means an off-street area in which automobiles or other vehicles may be stored for temporary periods of time, not to exceed one (1) year, for compensation. AUTOMOBILE SERVICE STATION means a building, parcel of land, or other premises, used for the retail dispensing of gasoline, diesel fuel, or other vehicle fuels, and/or the repair of motor vehicles. Accessory uses may include a car wash and the incidental sales of vehicle maintenance products. AVALANCHE means a mass of snow or ice and other material that may become incorporated therein as such mass moves rapidly down a mountain slope. AVALANCHE HIGH HAZARD ZONE means an area within which avalanches have return periods of thirty (30) years or less and/or will produce impact pressures of six hundred thirty (630) pounds per square foot (PSF) or more. The high hazard zone is characterized by either high frequency, high impact pressure, or both high frequency and high pressure. The Avalanche High Hazard Zone is also known as the Red Zone. AVALANCHE MODERATE HAZARD ZONE means an area within which avalanches will occur at return periods in excess of thirty (30) years and/or will have impact pressures of less than six hundred thirty (630) pounds per square foot. Avalanche frequency and impact pressures decrease toward the outer limits of this zone. When large avalanches occur and run to the outer boundaries of this zone, they can be very destructive in spite of their reduced probability and pressures. The Avalanche Moderate Hazard Zone is also known as the Blue Zone. BARN means a building used to shelter or enclose livestock, feed, or field equipment, or otherwise used in support of an on-site agricultural operation. An indoor riding arena shall not be considered a barn. Pitkin County Land Use Code CHAPTER 11—DEFINITIONS July 2006 Page 8 000005 . Chapter 11 Definitions SPECIAL EVENT means an organized event or a group activity at one or more specified locations which takes place over a single day or several consecutive days at which a group of persons may Rather, with or without the payment of an admission charge. A special event that: (a) takes place at a property or in a building or structure that has received a special review use permit authorizing that type of event (such as a special events venue); (b) occurs as part of the day-to-day operation of a school, religious center, community center, athletic field or similar building/structure or site that was constructed and is primarily used as a place for community gathering; or(c) is authorized in a ski area or public/institutional master plant shall not require a special events permit. Special events include,but are not limited to,the following and similar activities: Athletic events, including organized races and competitive group activities; Entertainment events, including a concert, carnival, festival, or fair; Fund raiser; Trade show; and Wedding,block party,neighborhood gathering or similar type of group celebration. SPECIAL EVENTS VENUE means a parcel of land, building or structure that has not otherwise been granted a land use approval to operate as a place of public assembly or for the conduct of special events but which is used or intended to be used for special events more than three (3)times during a calendar year. SPRAWL means the continuous, haphazard, uncoordinated development outside of an Urban Area that does not provide or properly plan for concentration of more intense uses and the efficient and economical provision of public facilities and urban services. Sprawl development tends to promote additional development, especially in connection with the provision of public facilities and urban services. • Pitkin County Land Use Code CHAPTER 11—DEFINITIONS July 2006 Page 45 000006 Chapter 11 Definitions cooperatives pursuant to C.R.S. 33-33.3-101, et. semc. or Section 33-33.5-101, et. semc. and timeshares pursuant to C.R.S. 38-33-111, as those provisions may be amended or replaced from time to time. The creation of these interests shall not result in the subdivision of land, the creation of legally separate lots, nor shall it be considered an event of subdivision. SUBSTANDARD SIZE LOT means any lot or parcel,no matter what the size,that does not meet the minimum requirements for lot width or area as set forth in this Land Use Code, when a building permit is sought. SUBURBAN means a predominantly low-density residential area and/or small-scale commercial area located immediately outside of and physically and socio-economically associated with an urban area,municipality or a city. SYSTEM IMPROVEMENT means an improvement to a public road planned and scheduled on the Pitkin County 20-Year Road Improvement Plan. TEMPORARY LAND USES AND ACTIVITIES means a use that is established for a limited duration of time with the intent to discontinue the use at the end of that time period so the use does not become a permanent land use or activity. By way of example, temporary land uses and activities: A. May be required during the construction phase of development (such as a construction trailer); or B. May be uniquely seasonal in nature (such as a farm stand, holiday tree stand or farmer's market). Filming of a movie, television show, commercial or promotional spot and still photo shoots are also considered to be temporary land uses and activities. non commercial lands (e.g., County parks, residential subdivisions), or using non 9 1, ,, 1 • _. v . _ .- .. _ . •• .. .. Pitkin County Land Use Code CHAPTER 11—DEFINITIONS July 2006 Page 49 000007 Chapter 11 Definitions de duration TEMPORARY STRUCTURE means a tent or similar type membrane construction erected for a period of less than 180 days or for a duration specified in an approval. Temporary structures are commonly associated with Special Events and/or Temporary Land Uses and Activites. THREATENED SPECIES means those species designated by the federal government or the State of Colorado as being any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, as that definition may be amended by federal government laws or regulations from time to time. TIMER means a mechanism that activates the light source at dusk and turns it off at a selected time several hours later, well before dawn. TIMESHARE means "interval estate," "timeshare estate," "timespan estate," and also includes those other terms as defined in C.R.S. 38-33-110, as such may be amended from time to time. TIMESHARE DISCLOSURE STATEMENT means a written, sworn statement described as required by the timesharing regulations of this Land Use Code. TIMESHARE/FRACTIONAL OWNERSHIP means a contractual or membership right of occupancy (that cannot be terminated at the will of the owner) for life or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or specific or nonspecific segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the property has been divided. TOURIST ACCOMMODATION means hotel, motel, lodge, or any building primarily used or intended to be used for the purpose of providing overnight lodging facilities on a short-term basis to the general public for compensation, with or without meals, and that has common facilities for reservation and cleaning services, combined utilities and on-site management. TOURIST ACCOMMODATION UNIT means any unit intended to be occupied principally by visitors to Pitkin County, located in a facility that offers customary on-site management and operation services for visitors. This use shall include units found in a lodge, Pitkin County Land Use Code CHAPTER II—DEFINITIONS 000008 July 2006 Page 50 Q)Chapter 2 Review and Approval Procedures ATTACHMENT _ P PP 1\Bi t-=-I i(,“,,:,nJ\ppro,al:w orifi, _ Land Use Code Section Public Pre-App. Review, Decision-Making,and Appeal Authority Lapsing Notice Required <>=Public Hearing Required Staff ABRC HO RHPC BO A &Z BOCC Special Review for Commercial Recreational Use on Pitkin County Open Space andNone unless stat Trails property or on County-owned ✓ D A in approval property or roads if below thresholds established in Sec.4-30-40(q)(3)(a) Subdivision Exemption Lot Line Adjustments ✓ D A None Minor Plat Amendments ✓ D A None Tempefaty-Gemmefeial-Uses -.4 D A I year /Special-Events , Temporary Land Use and Activities ✓ D A I year Special Events ✓ D A I year Transfer of Development Right (See also Sec.2-40-30) Issuance of TDR Certificate ✓ D A None for Sale from Sending Sites >e of TDR Certificate for Additional Floor Area on a Lot/Parcel within the Aspen ✓ D A None Urban Growth Boundary Use of TDR Certificate for Additional Floor rea on a Lot in a Subdivision in the Rural ✓ D A None Area listed in Sec.6-30-50(b)(2)(a) Water Crossin: or Diversion V D A None ONE-S IIP REVIEWS Sec. 2-30-30 designation to or Delisting from Historic N,P,M ✓ R <D> None Register ;.tivity Envelope and Site Plan Review for P,M ✓ R <D> 10 years Stream Restoration Projects Extension/ V R D Reinstatement of Vested Rights GMQS Exemption for - None One Additional Dwelling Unit on a Property Designated to the Historic N,P,M V R <D> None Register) One Additional Dwelling Unit on a Property Designated to the Historic Register 'here the Historic Structure has been or is N,P,M V R <D> None proposed to be Relocated or Exemption is )roposed to be Transferred to a Different Parcel Change in Use of Historic Structure N,P,M V R <D> None Civic or Institutional Use N,P,M V R <D> None 1 Pitkin County Land Use Code CHAPTER 2-REVIEW AND APPROVAL PROCEDURES July 2006 Page 41 000009 r Chapter 2 Review and Approval Procedures Land Use Code Section Public Pre-App. Review,Decision-Making,and Appeal Authority Lapsing Notice Required <>=Public Hearing Required Staff ABRC HO RHPC A P&Z BOCC One Single Family Dwelling on N,P,M R <D> None 500*Acre Parcel Historic Incentives for Historic Register N,P,M / R <D> None Properties Location and Extent Review N,P,M ✓ R <D> None M Iajor Amendment to Development Permit or D=Original Same as Approv kpproval Where Original Approval Was N,P,M ✓ R Decision-Making or Permit Not Body Amended Administrative Review(Except for Plats) Non-Conforming Use or Structure, ✓ R <D> 1 year Restoration or Expansion with Minor N,P,M Building Modifications None ✓ R <D> Road and Easement Vacations N,P,M _ Special Review Uses R <D> None unless stat See also Sec.4-20 Use Table and Sec.2- N,P,M in approval 40-20) Special Events Venue N.P,M ✓ R <D> 1 year Special Review for Commercial Recreational Use on Pitkin County Open Space and 'None unless stat Trails in approval property or on County-owned property or roads If below thresholds established in N,P,M ✓ R <D> A Sec.4-30-40(q)(3)(b) If above thresholds established in N,P,M ✓ R <D> Sec.4-30-40(q)(3)(c) Subdivision Exemption for Fully Developed Lands N,P,M ✓ R <D> A None New Lots in VC and VR Zone Districts N,P,M ✓ R <D> A None excels for Community and Public Facilities and N,P,M V R <D> None Open Space I Separation of Platted Sub-Standard Size Lots N,P,M ✓ R <D> A None (See also Sec.9-20-030) Determined Takings Determination ✓ R D by remedy approvedl Transfer of Development Rights (See also Sec.2-40-30) ;uance of TDR Certificate for Constrained N,P,M V R <D> None Site 1111 ' For example, if an activity envelope is approved to remedy a takings,the approval will expire after 10 years. Pitkin County Land Use Code CHAPTER 2-REVIEW AND APPROVAL PROCEDURES July 2006 Page 42 00001,0 Chapter 2 Review and Approval Procedures A temporary use permit may be approved if it complies with the standards of Sec. 4-30-50(b). (10) Signs A permit for a sign may be approved if it complies with the standards of Sec. 7-60. (11) Temporary Land Uses and Activitiesother -- - • . __ - - - - • - - - - - - • _ •, .. _, _ _, An application for Temporary Land Uses and Activities may be exempted if it complies with the standards of Sec. 4-30-50 (b). If not exempted, a permit is required. (12) - .. •. _ - _ - _ . . - - Special Event . .. , a a An application for a Special Event may be approved if it complies with the standards of Sec. 4- 30-50 (j). (13) Demolition Extensions A person seeking to replace a legally established structure pursuant to Sec. 6-30-110 may delay the demolition of the existing structure in order to continue a business or maintain a residence during the construction of the replacement structure subject to compliance with the standards in this section. (a) The applicant shall execute a guarantee in a form acceptable to the County Attorney insuring the demolition and removal of the existing structure and restoration of the site prior to the issuance of a certificate of occupancy for the replacement structure. (b) In the case of existing residences,the applicant shall agree not to request approval to maintain the residence as a caretaker dwelling unit or an employee dwelling unit, unless the site and existing unit meets the standards in Secs. 6-30-40(c)or(d). (14) Certificate of No Effect for Property on Historic Register Pitkin County Land Use Code CHAPTER 2-REVIEW AND APPROVAL PROCEDURES July 2006 Page 49 000011 Chapter 2 Review and Approval Procedures for delisting may not be filed again for a period of two (2) years from the date of denial by the Board of County Commissioners. (10) Location and Extent Review (a) The purpose of the location and extent review is to determine whether any proposed road,park, or other public way, ground, or space, or public building or structure or public utility, whether publicly or privately owned is in conformance with the applicable County Comprehensive Plan or Master Plan. (b) The acceptance, widening,removal,extension,relocation, narrowing,vacation, abandonment, change of use, or sale or lease of or acquisition of land for any road,park, or other public way, ground,place,property,or structure, shall be subject to similar submission and approval. (c) A location and extent review may be undertaken concurrently with any other applicable County review process. (d) In the case of disapproval by the Planning and Zoning Commission of a location and extent review the Commission shall communicate its reasons to the governing body or official having jurisdiction for the proposed project. (11) Special Event Venue An application for a Special Event Venue may be approved if it complies with the standards of Sec. 4-50-050(j). (i) Vested Right The One-Step Review process will result in the creation of a vested right pursuant to Sec. 2-20-170 in the following situations only: (1) When an application for approval of an Activity Envelope or Site Plan is decided by the Hearing Officer,because the Community Development Director has referred the application pursuant to Sec. 2-30-20(i); (2) When an application for approval of an Activity Envelope or Site Plan is decided by the Hearing Officer because the application is intended to result in a vested property right pursuant to Sec. 2-20-170, (3) When the application is for a major amendment to a Site Specific Development Plan(as it was defined before the 5th of July, 2006) approved prior to the 5th of July, 2006; (4) When the application is for a major amendment to a Site Specific Development Plan pursuant to Sec. 2-20-150 after issuance of a development permit and after the 5th of July, 2006. Pitkin County Land Use Code CHAPTER 2-REVIEW AND APPROVAL PROCEDURES July 2006 Page 59 000012 S ATTACHMENT C Chapter 4—Permitted Uses Intended for Rural Areas Intended for Urban Areas Ili TABLE 4-1:Permitted Uses Rural Districts Urban/Suburban Residential Business&Special District Purpose RS RR RS RS LI TR- TR- RS A A S 13 R R R VR MLI Ali All B VC P - - I — R - 1 2 - RR K - -30 -15 - P - - 1 Use Category/ G 6 35 35 30 - 1 1 & 6 P 2 o Use-Specific gry 0 & 10 2 - 15A l Use Type 20 R 15 I) Regulations§ E B C Commercial Automobile Service Station S A S §4-30-040(c) Vehicle and Aircraft Sales and Service(formerly Vehicle S M and Aircraft Related Business) Other Principal Uses Cellular Telephone Facility S S S S S S S S MS S M S §4-30-040(g) Junk Yard S S S §4-30-040(m) Radio or TV Transmitting S Station S S S S S S MS S S S S S S S S S M §4-30 040(r) Solar Farms S S S S SSS SS MS SS S SSS SSS SS §4-30-50(m)&§4- 30-050(h)(5) Use by Federal Permit (formerly Uses,Activities& Facilities Permitted by S S S S S S S S M S S S S S S S S S S M S Special Use Permit Issued by Federal Aeenc') Accessory 64'femporan l Accessory Structures with A A A A A §4-30-050(a) Bathing Facility Agricultural Stand A A A A A AMA A A A A A A M A §4-30-050(b) Arts and Crafts Studio, A A A A A A A A A A A A A A A A A A AMA Accessory Building-Mounted Cellular S S S SSSSSS SS S S S §4-30-050(c) Telephone Antennae Bus Stop A A A A A A AS A A A A A A A A A A A Camping Area A A A M §4-30-050(d) Caretaker Dwelling Unit S S S S S S S S S S S S M S §4-30-050(e) Club House or Recreational S S SSSM SSSS S S M Building Day Care Home A A A A AM A A A A A A A A A A Employee Dwelling Unit S S S S S SSSS S M S Home Occupation A A A A A A A A A A A A A A A A A A A MA §4-30-050(f) Horse Boarding,Accessory A A A A S Satellite Reception Device S A A AS S A A AMA A A A A A A A A A MA §4-30-050(g) Solar Energy Collector A A A A A A A A A A M A A A A A A A A A A M A §4-30-050(h) Ground Mounted Solar Energy Collector Greater than S S S S S S S S S S M S S S S S S S S S S M S §4-30-050(hy)(5) 12'in Height Temporary Land Use and A A Activities A A A A A A A AMA A A A A A A A A AMA §4-30-050(b) A A A A A A A A A A M A A A A A A A A A A M A §4-38-030(i) Trail A A A A A A A A A AMA A A A A A A A A AMA Water Crossing or Diversion S S S S S S S S S S MS S S SS SSSSS MS Wind Powered Electric SSSSSSS M S M §4-30-050(j) Generator Micro Hydro Electric Energy SS SSSS S S SS SSS S S S SSS SSS S §4-30-050(k) System Snow Storage/Dumping S SSSSSS S SS S S S SS SSSSS SS §4-30-050(1) Trucking Special Events A A A A A A A A A AMA A A A A A A A A AMA §4-30-050(i) Special Events Venue S S M S S S M S ,§4-30-050(j) IIIIk Pitkin County Land Use Code CHAPTER 4—PERMITTED USES Q00013 , July 2006 Page 10 No partition of any common interest community or timeshare interest shall be permitted. The filing of any legal partition action shall be considered an evasion of the Pitkin County subdivision requirements. (9) Growth Management Allocations Required to Create New Structures, Dwelling Units or Timeshare Interests Any additional structures or dwelling units in a common interest community shall require growth management allocations or exemptions pursuant to Secs. 6-60 and 6-30-150. (10) Additional Timeshares Require Growth Management Allocations or Exemptions. The creation of any additional timeshare interests shall require growth management allocations pursuant to Sec. 6-60. (y) Vehicle and Aircraft Sales and Service (1) A gas station or accessory service facility shall not exceed a total land area of thirty-two thousand(32,000) square feet. (2) Aircraft service and sales shall only be permitted in the P-I zone district. 4-30-50: ACCESSORY AND TEMPORARY USES (a) Accessory Structure with Bathing Facility (1) Must be located on lots or parcels that contain at least thirty-five(35) acres. (2) Must record a deed restriction approved by the County Attorney ensuring only one (1) dwelling unit exists on the parcel. (3) One(1) structure on the parcel shall be designated"principal" for height measurement purposes. (4) For purposes of calculating Road Impact Fees each of the structures containing bathing facilities shall be considered a separate dwelling unit and will be assessed the appropriate fee based on the size of the structure. Floor area of other residential structures, not containing bathing facilities,will be treated as if attached to one(1)of the structures with bathing facilities. For the purpose of calculating development exactions or impact fees based on aggregate floor area or square footage rather than Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 67 • 000014 on a per unit basis,the aggregate of all residential floor area or square footage on the parcel will be cumulated and will be used for calculating fees. Sec. 4-30-50 (b), Use Specific Standards for Temporary Land Uses and Activities. *Comment: Section 4-30-50 (b) currently contains just the standards for agricultural stands. This section would be re-named so it addresses the standards for all temporary uses and activities. Section (b) (1) would contain the current standards for agricultural stands. Section (b) (2) would contain the current standards for Motion Picture Filming and Photo Shoots, which previously were found in Sec. 4-30-50 (j). Section (b) (3) would contain the current standards for other types of temporary land uses and activities, which previously were found in Sec. 2-30-20(g) (11). (b) (1) Agricultural Stand Vendors are permitted to sell Colorado-grown agricultural or farm products subject to compliance with the standards in this section and approval of a Temporary Land Use and Activities Permit under Sec. 2-30-20. (a) The vendor shall have the permission of the owner of the property for use of the site for vending purposes. (b) The vending stand or vehicle is adequately set back from the adjacent road,does not block any required access to or egress from the site, does not disrupt vehicular or pedestrian circulation in the surrounding area, and does not cause a traffic hazard or safety problem. In addition, an off-road parking area of sufficient size shall be provided to accommodate the anticipated number of customers. (c) The temporary structure, if any, complies with applicable adopted building codes and other County regulations. (d) Not more than two (2)vendors may be allocated a permit for any single location. (e) Temporary use permits for agricultural products shall not exceed a period of five(f)months. (g) Stand operators may receive an unlimited number of development permits; however when more than two (2) operators wish to use a given location during the same time period,preference shall be given to new permit applicants in the order in which they apply. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 68 000015 (h) Identification signs must comply with the sign standards in Sec. 7-60-50. (2) Motion Picture Filming and Still Photo Shoots. An applicant may obtain authorization from Pitkin County to film a movie, television show, commercial, or promotional spot or to conduct a still photo shoot if the following standards are met: (a) At least five (5) working days prior to the production, the applicant shall e- mail to the Community Development Department a brief description of the nature of the production, including dates, times and locations. If the standards of this Sec. 4-30-50 (b) (2) can be met, the Community Development Director will issue an acknowledgement of the applicant's e-mail and the production may proceed. If these standards cannot be met., the applicant may instead apply for a temporary land use and activities permit from the Community Development Director. . (b) The production shall be limited to no more than five (5) vehicles and a total of fifteen(15)people, including the actors/models and crew. (c) All staging for the production, including but not limited to, the equipment, actors/models, crew, vehicles and trailers, shall be located on private property. (d) There shall be no off-site impacts from the production. (e) There shall be no parking on public roads for the production. A minimum of sixteen feet (16') of emergency access shall be maintained on private roads at all times. If) The applicant shall obtain all necessary federal/state permits and shall comply with the Pitkin County Code and applicable state and federal regulations. (g) Outdoor filming/photography shall last for no more than three(3)days and shall only occur between the hours of 7:00 AM to 7:00 PM or one(1)hour after sunset,whichever is later. These limits include the time necessary for set-up and take-down of the production. Indoor filming/photography shall not be subject to these time limits. (h) The applicant may be required to provide proof of general liability insurance for the duration of the production, with Pitkin County being named as an additionally insured, with two million dollars ($2,000,000) aggregate coverage and one- million dollars ($1,000,000)coverage for each Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 69 000016 occurrence, or provide a waiver of insurance approved by the County Attorney. (i) The applicant shall comply with the following noise standards: 7:00 AM to 7:00 PM: 65 dB(A); and 7:00 PM to 7:00 AM: 55 dB(A). 3) A helicopter shall not be used for filming unless the permit application has been referred to the Board of County Commissioners, which may authorize the use of helicopters at their discretion considering the following: (a) Whether the use of a helicopter will result in a clear and demonstrable marketing benefit to the community; (b) The helicopter will be used for a live broadcast; (c) The applicant shall demonstrate that the helicopter will not cause detrimental impacts to wildlife; and (d) Safety concerns shall be adequately addressed. (3) Other Temporary Land Uses and Activities. An application for other types of temporary land uses and activities may be approved if the Community per. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 70 000017 Chapter 4-Permitted Uses application to a public hearing before the Planning and Zoning Commission. - - -•• ! ! • •- - - - .,t f cilit...• cessationf the o o nt. and '.1! ..! . .. . - .. , . . _ . . .. - _ - . -- • - _ - - . - - - - - . _ h to the nt .. . . . I - preeess7 Pitkin County Land Use Code CHAPTER 4-PERMITTED USES 00001a . July 2006 Page 76 Chapter 4-Permitted Uses . . - - D -- - •! .. . - - .. . . .- . .. • .. . . .. . - - , - (i) Special Events (1) Purposes. These standards are intended to govern the time, place and manner in which special events may be conducted on county roads, county property or private property. These standards are necessary to ensure that an event's demands for health,fire, police,transportation,and other public facilities and services do not exceed the level of service that is normally provided in that area of the county and that the event does not create undesirable impacts on the residents of that area of the county. Specifically,the purposes of these standards are to ensure that special events: (a) Are conducted in a safe and orderly manner by requiring adequate provision of access,parking, sanitary facilities, utilities and security, ensuring the structural integrity and safety of temporary facilities,and requiring appropriate guarantees for site cleanup and restoration; (b) Are reasonably suitable for the neighborhood, considering the duration and intensity of the proposed special event,and will minimize any significant impacts of the event on surrounding landowners,residents and businesses;and (c) Do not create public disturbances or become public nuisances, endanger life,health or public safety,disrupt traffic, or threaten or damage public or private property. (d) These standards are also intended to ensure that the organizers and sponsors of special events coordinate with governmental agencies and neighbors well in advance of the date the event will be held and accommodate the requirements of those agencies and the concerns of neighbors in planning for and conducting the event. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES 000019 July 2006 Page 77 Chapter 4—Permitted Uses (2) Applicability/Permit Required (a) These standards shall apply to any special event proposed to occur on public or private property in those zone districts listed in Table 4-1 as the locations where special events are allowed uses or master plan uses. Private/non-commercial special events that take place on private land within the Aspen Urban Growth Boundary, Basalt Urban Growth Boundary,or within the Rural Area of Pitkin County are exempt from the requirement to obtain a Special Events permit. (b) Conduct of a special event shall require a special event permit which shall be obtained from the Community Development Department. (c) An application for a special event permit shall be processed as an administrative review,as described in Sec.2-30-20. This shall authorize the Community Development Director to approve,approve with conditions., or deny the application, as specified in Sec. 2-30-20 (f) or to refer the application to a higher body,as specified in Sec.2-30-20(i). (d) The application for a Special Event in the Rural and Remote(RR) Zone District may be classified by the Community Development Director as requiring no permit,a minor permit, or a major permit. The Community Development Director shall utilize Table 1, in this Code section,as applicable,as a guide in determining how to classify the special event application.The Director is also authorized to utilize his or her administrative discretion and professional judgment in making this determination. (e) An application that is classified as a major event shall require the County's Special Events Committee to convene to review the permit request. The applicant shall be invited to appear before said Committee when it conducts that review. (f) If a special event is anticipated to occur annually, or on a periodic basis,the applicant may request a multiple-event special event permit,which may authorize the special event for up to three (3) years. Multiple-event special event permits shall require the applicant to notify the Community Development Department at least ninety(90)days prior to each event to identify the date and location of the event and any changes in the nature, size,or activities to be conducted since the preceding event covered by the permit. If proof of insurance coverage was required for previous approvals, the applicant shall submit updated evidence of insurance coverage for the dates of the upcoming event. If the Community Development Department determines that the changes in the event were not anticipated or covered by the existing permit,and could have unanticipated adverse impacts on surrounding properties or traffic on County rights-of-way, or the event has not complied with provision of Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 78 000020 Chapter 4—Permitted Uses previous approval(s)the permit may be revoked and/or the Department may require that the applicant apply for and receive a new special events permit or modify the event to avoid the unanticipated adverse impacts. ( (3) Review Standards. The following standards provide an overall checklist for the applicant and County staff to use in preparing and reviewing a permit application. The County staff is hereby authorized to determine which of these standards should apply to the application, based on the type, scale and location of special event that the applicant is proposing. (a) Water Supply. The applicant shall provide an adequate and safe supply of potable water that complies with the requirements set forth by the Colorado Department of Public Health and Environment and the County Environmental Health Department. (b) Sewage Disposal/Toilets. The applicant shall provide an adequate number of portable toilets, including ADA accessible toilets, along with an adequate number of hand washing stations,as determined by the Environmental Health Department. Separately-enclosed toilets shall be provided for males and females. All portable toilets shall be removed immediately following the conclusion of the event. (c) Solid Waste/Recycling. The applicant shall present to the Environmental Health Department a plan for the sanitary collection and disposal of solid waste from the event. The plan shall describe the number of trash receptacles and recycling receptacles that will be provided and the location of said receptacles. Provision shall be made to ensure receptacles are emptied when they become full. Outdoor trash receptacles and any on- site dumpsters used to collect trash shall have a latching mechanism making them bear proof. Trash and recyclable materials shall be removed from the site immediately following the conclusion of the event. (d) Safety/Emergency Services. The applicant shall provide a safety and operations plan that includes procedures for dealing with on-site medical emergencies and crowd control. The plan shall address the following elements: (i) First aid and other emergency services shall be provided on- site. The number of certified medical providers that shall be on- site and the required types of standby equipment that shall be available shall be determined by the Fire Marshal and the Sheriff. If necessary, an enclosed medical treatment structure shall be provided. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES 000021 July2006 Page79 Chapter 4—Permitted Uses (ii) Adequate infrastructure, as determined by the Sheriff, shall be provided on-site to allow for emergency communications with hospital,police and fire services. (iii) Adequate private security personnel,as determined by the Sheriff, shall be provided for crowd and traffic control at the event. The Sheriff shall have the authority to require that law enforcement personnel be on-site at the applicant's expense to monitor crowd control and to regulate traffic. The Sheriff may require that a crowd control fence enclosing the site, with gates that allow for emergency access/egress, be provided. (iv) The event (including structures, access, etc.) shall comply with all applicable building codes and fire district safety codes. Any fireworks displays or temporary tents shall require a permit issued by the appropriate County agency. All electrical cables, wires and equipment shall be covered, concealed, secured and/or located in such a manner that event participants will not be placed at risk. (e) Parking. The applicant shall provide a plan for on-or off-site parking facilities for the event. There shall be no parking permitted on County roads. (i) Shuttle service shall be provided before, during and after the event whenever off-site parking is proposed. Event organizers should provide advance notice encouraging event participants and event workers/volunteers to carpool to the event. The applicant shall demonstrate to the Community Development Director that the access roads between the site and the parking area are capable of handling the shuttles without adversely impacting the neighborhood. (ii) The parking area shall offer a sufficient number of parking spaces to accommodate the maximum number of attendees anticipated at the event. The applicant shall demonstrate to the Community Development Director that an appropriate number of entrance and exit locations will be provided and that those entries and exits offer adequate sight distances. Safe and efficient circulation routes shall be provided within the parking area. Signs may be allowed to direct participants to parking and other features of the event. (f) Traffic Control. The applicant shall provide a plan showing access routes to be used for the event, signs that will be used to direct traffic and whether persons will be employed to monitor and direct traffic at all points of ingress and egress and at other points around the event. Plans and routes to safely accommodate pedestrians shall also be provided. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES 000022 July 2006 Page 80 Chapter 4—Permitted Uses (i) The applicant may need to have tow trucks available on an "on-call"basis to remove vehicles that have parked illegally on County roads. (ii) Requests for full or partial closures of County roads shall be at the sole discretion of the Board of County Commissioners. (iii) The applicant may be required to post signs, hand out fliers door-to-door,or take out an ad in a local newspaper or radio if traffic is expected to significantly impact the residents of the area. (g) Noise. The event shall comply with all applicable County noise standards. Noise that is incompatible with the surrounding area shall be prohibited. No exterior amplifiers, speakers or similar equipment shall be permitted outside of the temporary buildings, structures or tents on the site unless specifically authorized by the permit. (h) Lighting. Lighting sources shall be shielded and directed inward, downward,and away from adjacent properties to the maximum extent possible to ensure lighting does not shine or reflect unreasonably beyond the event's boundaries. For events held at night,the area of assembly and primary circulation routes shall be adequately illuminated to provide for safety of participants and safe egress from the site. (i) Dust Control. The applicant shall provide for appropriate dust control at the event site. The applicant shall apply water to unpaved parking areas and circulation routes at least twice a day so as to mitigate dust. The applicant shall also ensure there is adequate dust control during site setup and teardown, including controlling dust on any unpaved routes event personnel will use to access the site. (j) Time Limitations. (i) The special event permit shall specify the hours of operation for the event and shall specify the number of days a special event may be conducted. (ii) Set-up for an event in the Rural and Remote(RR)zone district shall not be initiated more than 48 hours prior to the time the event is scheduled to begin and shall have no more than 48 hours to deconstruct the event. Other locations shall be initiated in conformance with the time limitations set forth in the permit for the event. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES 000023Page 81 July 2006 Chapter 4—Permitted Uses (iii) Any temporary structures that were erected shall be removed from the property within 24 hours after the conclusion of the special event unless the permit specifies a more or less restrictive time limit. (k) Food and Liquor Service. If food and beverages, including liquor,will be sold or given to participants,then food service and liquor licenses shall be obtained, as required by the Colorado Department of Public Health and Environment and the Board of County Commissioners, respectively. The applicant shall coordinate with the Environmental Health Department if there is to be food service at the event and is responsible for satisfying all applicable health code and sanitation requirements. (1) Insurance and Indemnification.The applicant may be required to provide proof of general liability insurance for the duration of the event as determined by the Community Development Director. (m) Legality of Structures. Temporary structures that are to be used in the event shall have undergone all required inspections by the Chief Building Official. Any permanent/buildings or structures that are to be used in the event shall have been built with a valid building permit or shall have obtained a temporary or final certificate of occupancy from the Chief Building Official. (n) Site Restoration. The grounds shall be maintained each day of an event.The applicant shall submit an irrevocable letter of credit,bond, damage/cleanup deposit or other cash guarantee, in an amount to be determined by the County. The guarantee shall cover site grading, restoration, removal of structures and cleanup to ensure the site is restored to its former condition and any damages are repaired. (o)Master Plan. The proposed special event shall be consistent with the applicable County Master Plan (p)Neighborhood Compatibility. The proposed special event shall be generally compatible with the character of the neighboring land uses. (q)Specific Standards for the Rural and Remote(RR)Zone District. Within the Rural and Remote(RR)Zone District tent structures shall not exceed 1,000 square feet in size and no more than 250 people shall congregate at an event. However,more than 250 people may attend an event that passes through the Rural and Remote(RR)Zone District,such as an athletic race or similar type of event. A Special Events Venue is a prohibited use in the Rural and Remote(RR)zone district so more than 3 events at a site per calendar year are not permitted. (5) Additional Standards Applicable to Particular Areas of the County Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 82 000024 Chapter 4—Permitted Uses *Comment:Reserved,pending input from County Caucuses. (6) Violations and Penalties (a) Chapter 10 of the Land Use Code sets forth Pitkin County's procedures to address violations of land use approvals and the penalties that may be applied when enforcing the Code. The County staff is hereby authorized to apply those procedures and penalties to the enforcement of violations of a special events permit. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES 000025 July 2006 Page 83 Chapter 4—Permitted Uses *Comment: Table 1 is added TABLE 1 SPECIAL EVENTS THRESHOLDS RURAL AND REMOTE ZONE DISTRICT (RR) Characteristics Permit Is Not Minor Event Permit Major Event (see note 1 below) Required Is Required Permit Is Required Number of 50 or fewer. More than 50 but not More than 100 but Attendees to exceed 100. not to exceed 200. Frequency of Event 1 2 or 3 Not allowed (# of times per (see note 4 below). calendar year) Duration of Event 1 day More than1 day Size of Proposed Up to 400 sq. ft. More than 400 sq. ft. Structures/tents Structures/Tents but less than 1,000 shall not exceed sq. ft. 1,000 sq. ft. Live Amplified Music Within a permanent Within a temporary building or tent or building. outside. Fireworks Not permitted in the Rural and Remote zone district Helicopters None None 1 or more Notes: 1. An application for a special event shall be classified by the Community Development Director as requiring no permit, a minor permit or a major permit, using the criteria in this table as a guide in making this determination. The Director is authorized to utilize his or her administrative discretion and professional judgment in classifying the application. 2. If an event has any single characteristic that would place it into the next higher permit category then it may be classified as requiring that type of permit. So, for example, an event that does not require a permit due to its number of attendees and single day duration but which would erect more than 400 sq. ft. in structures/tents could be classified as one which requires a minor event permit. 3. No more than 250 persons shall congregate for an event in the Rural and Remote (RR) Zone District. However, more than 250 people may attend an event that passes through the Rural and Remote (RR) Zone District, such as an athletic race or similar type of event. 4. If more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receive special review approval as a "Special Events Venue" to authorize that frequency of events. However, Special Events Venue is a prohibited use in the Rural and Remote (RR) zone district so more than 3 events at a site per calendar year are not permitted. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES 00002 July2006 Page84 1 r Chapter 4—Permitted Uses Sec.4-30-50(i),Use Specific Standards for Special Events Venue *Comment: This would be a new section providing standards for this new type of use. (1) An applicant for a special events venue shall provide a plan for the proposed use describing the site on which the use would occur and how the venue would be operated.The plan shall,at a minimum, describe the following aspects of the proposed use: (a) Whether events would occur indoors, within a permanent structure, in temporary, tent-like structures, outdoors, or some combination of these approaches. The applicant shall describe whether any new structures will be built or existing structures will be expanded and provide drawings illustrating any such structures. (b) The number of events anticipated per calendar year, including the number of times per week or month that the venue would be operated. The times of day when events would take place shall also be specified. The maximum number of attendees at events shall be stated. (c) Whether employees will be hired to provide support services to the venue or if those services will be provided under contract by other businesses. (d) The plan shall also provide responses to the applicable review standards for special events that are listed in Sec. 4-30-50 (i). This shall include describing how the venue will provide an adequate water supply, properly dispose of sewage and solid waste, provide parking, and control impacts such as traffic, noise, lighting,dust and similar matters. (2) The applicant for a special event venue shall demonstrate that the proposal complies with the standards for special review uses listed in Sec. 2-30-30 (h) (2). Public noticing is required as described in Chapter 2,Table 2-1 (a) In its consideration of the standards for special review uses, the Board shall give particular consideration to the proximity of the proposed venue to surrounding residential areas and whether events that are proposed to occur at the venue would be consistent with the character of the neighborhood or would be disruptive to neighbors. This shall take into account whether the venue has a permanent structure in which events would take place, and the extent to which events would occur outside or in temporary, tent-like structures. If temporary structures are to be erected, the applicant shall describe for how long those structures are expected to stand. This shall also consider whether the proposed events would have amplified music, fireworks, or similarly impactful activities that occur outside. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES 000027 July 2006 Page 85 Chapter 4—Permitted Uses Consideration shall also be given to the frequency of the events planned for the venue and the time of day when events would be scheduled. (b) The Board shall also consider any prior approvals that were granted to the structure or site to be used as a venue, including whether any limitations or conditions were placed on such prior approvals, and whether designation of the structure or site as a special events venue would be consistent or inconsistent with the representations made and the conditions imposed on those prior approvals. (c) Within 30 days of the anniversary of a Special Events Venue approval, the Applicant shall submit an "annual review"to the Community Development Director that outlines the operation for the year. This outline shall include information about the preceding year of operations, any changes to the approved plan that have occurred, and any complaints received. The annual review shall be heard before the BOCC at a duly noticed public hearing. The BOCC may, at its discretion, modify or revoke the Special Review approval at this public hearing. *This section will be moved to 4-30-50 (b) but is shown here to be deleted _• .. . •- can can be met. located .,to operty. Pitkin Counti' and Use Code CHAPTER 4-PERMITTED USES July 2006 Page 86 000023 `. - I t. Chapter 4—Permitted Uses from 7:00 a.m. to one (1)hour after sunset or 7:00 p.m., whichever .. .!. Iii • .. • i! iii . . - - (i) Current noise regulations of: 7:00 a.m. to 7:p.m. 65dB(A) 7:00 p.m. to 7:00 a.m. 55dB(A) attain a Special Event permit. (a) There is clear and demonstra: - --. • . -- - •- Co it. (b) The helicopter will be used for live broadcast; (j) Wind Powered Electric Generator (1) Only wind powered generators with a rated capacity of less than two hundred fifty (250) kilowatts are permitted as accessory uses. Wind powered generators with higher rated capacities are only permitted as a major public facility. (2) A maximum of one (1) small wind powered electric generator may be accessory to a residential or non-residential use. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 87 000029 ea 2 74 0 Zai CC CC oa °' . — o Zai CC IZ di . y Lr . ~ I. k,) rill • YJ . .g.r, it'd Ilk ea W • a. o a Zai cc CD Cr EX LLI / m f0 M of ca ectr m i • rr . r — U E z w ._ a -0 i f.gi 8 (13 Pr; s — ` r ,; o O O V z NUiR a) D 1Ys li R 0o c N Y C E p r a LI 'o/.I1 p S ¢9 m m N w lc r o m Q A°. Fo' D ! LL C` 0 00.0030 MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Cindy Houben,Community Development Director Mike Kraemer,Planner e RE: Special Events Land Use Code Amendments DATE: January 206,2015 SUMMARY OF REQUEST: At the direction of the BOCC, Staff is initiating a number of Land Use Code Amendments to the Special Events/Temporary Commercial Use section of the Code. The initial purpose of these amendments is to close a loophole that currently exists in the Code that does not require large private events to receive a permit. In some cases these events have the potential to impact public resources or are inconsistent with the neighborhood master plan or zoning. PREVIOUS P&Z HEARING: The Planning and Zoning Commission convened on January 6th, 2015 to consider the Code Amendment proposal. Staff outlined the background on the proposed Code Amendments, included a brief description of the limitations of the current Code, and provided information on the BOCC direction to analyze a comprehensive Code amendment rewrite that includes threshold standards and distinctions among the urban, rural, and rural and remote areas of the County. The majority of the meeting was allocated to Staff and the Consultant's presentation and public comment. The P&Z voted to continue the meeting to allow for more time to digest the material and to have additional P&Z Commissioners present to deliberate the topic, and to gather comments from the public. Staff had the opportunity to meet with several caucuses and will discuss comments with the P&Z on the 20tb. At the last meeting, Commissioner Palmer discussed the "amplified music" standard in the proposed tables and suggested a better approach could be used. The intention of the standard was to require that when concerts or loud amplified music was proposed as part of an event that could possibly impact adjacent neighbors, the applicant would need to apply for a permit. The intention of the standard was to not require a permit when a backyard get together had music and used a stereo and speakers. Staff has adjusted the standard to now state"live amplified music"to better clarify the intention. Commissioner VeShancey discussed the idea of creating a Special Events "form based" or "impact based" set of regulations. In this type of Code, an applicant would be required to have their event conform to a certain type of predetermined standards, such that the event would not elevate above a certain amount of anticipated impact. For example, a large party could have established standards that required it to conclude at a certain timeframe in the evening and not exceed a certain attendance level. Other examples would be to require carpooling so that neighborhood traffic is minimized, require that parking does not occur on County roads or block necessary emergency egress routes, and require onsite emergency medical staff. In this type of Code, all events, large or small,would commit to these"impact based"set of regulations and be given approval to proceed. As proposed, Staff has written the Code amendments in a "standard based" approach that is consistent with how the existing Land Use Code is written. This "standard based" style categorizes events so that 0 00'41 o f072 processes and requirements are tailored to the size and anticipated impact of that event. This includes distinguishing among the urban, rural, and rural and remote areas of the County and creating different standards for each unique location. For example, as proposed for the urban area, if a single day event has less than 200 people and no tents are proposed, no permit is needed. Another example, if a rural area event exceeds 100 people but is less than 250 people and proposes 1,000 square feet of tents, the event would be required to receive a Minor Special Events Permit. In both cases, parking, medical staff, and other potential impacts are analyzed by Staff and then required to be addressed by the applicant. This approach requires the applicant to plan for the impacts of their event and creates a unique set of standards that are conditioned in a permit and enforceable by Staff. Both "impact based" and"standards based" approaches have pros and cons when rewriting the Land Use Code for regulating events. Below are some bullet points outlining these pros and cons for each approach. Pros of an"impact based"Code: • Uniform set of standards that all events would be required to adhere to; • Expectations are clearly outline for all events; • Easier for Staff to administer; Cons of an"impact based"Code: • Small events may have to conform to the same standards as large events; • Urban, rural, and rural and remote would not be separately distinguished; • Permits are not tailored to each event and makes regulation more difficult to enforce; • Unanticipated impacts may not be adequately mitigated; Pros of a"standards based" style of Code: • Unique to each event; • Categorizes urban, rural,and rural and remote; • Easier enforcement by Staff because a permit with conditions issued to the applicant; Cons of a"standards based" • More work load for Staff; • May create more uncertainty for an applicant because precise, hard numbers are not used. Staff has provided the P&Z with the formal Code amendments and how each Chapter would be amended. Please refer to the last January 6,2015 packet for the attachments that referred to background,research,etc. CODE AMENDMENT RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval to the BOCC of the proposed Code Amendments. ATTACHMENTS: A. Formal Code Amendments:Chapter 11,Definitions B. Formal Code Amendments: Chapter 2, Review and Approval Procedures C. Formal Code Amendments: Chapter 4, Permitted Use 000002 Chapter 11 Definitions &TTACHMENT _ SPECIAL EVENT means an organized event or a group activity at one or more specified locations which takes place over a single day or several consecutive days at which a group of persons may gather, with or without the payment of an admission charge. A special event that: (a) takes place at a property or in a building or structure that has received a special review use permit authorizing that type of event (such as a special events venue); (b) occurs as part of the day-to-day operation of a school, religious center, community center, athletic field or similar building/structure or site that was constructed and is primarily used for public assembly; or (c) is authorized in a ski area or public/institutional master plan, shall not require a special events permit. Special events include,but are not limited to: Athletic events, including organized races and competitive group activities; Entertainment events, including a concert, carnival, festival, or fair; Fund raiser; Trade show;and Wedding,block party,neighborhood gathering or similar type of group celebration. SPECIAL EVENTS VENUE means a parcel of land, building or structure that has not otherwise been granted a land use approval to operate as a place of public assembly or for the conduct of special events but which is used or intended to be used for special events more than three(3) times during a calendar year. SPRAWL means the continuous, haphazard, uncoordinated development outside of an Urban Area that does not provide or properly plan for concentration of more intense uses and the efficient and economical provision of public facilities and urban services. Sprawl development tends to promote additional development, especially in connection with the provision of public facilities and urban services. Pitkin County Land Use Code CHAPTER 11—DEFINITIONS July 2006 0 0 0 0l l j Page 45 Chapter 11 Definitions (c)trade shows _.. 5 - - . - THREATENED SPECIES means those species designated by the federal government or the State of Colorado as being any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, as that definition may be amended by federal government laws or regulations from time to time. TIMER means a mechanism that activates the light source at dusk and turns it off at a selected time several hours later, well before dawn. TIMESHARE means "interval estate," "timeshare estate," "timespan estate," and also includes those other terms as defined in C.R.S. 38-33-110, as such may be amended from time to time. TIMESHARE DISCLOSURE STATEMENT means a written, sworn statement described as required by the timesharing regulations of this Land Use Code. TIMESHARE/FRACTIONAL OWNERSHIP means a contractual or membership right of occupancy (that cannot be terminated at the will of the owner) for life or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or specific or nonspecific segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the property has been divided. TOURIST ACCOMMODATION means hotel, motel, lodge, or any building primarily used or intended to be used for the purpose of providing overnight lodging facilities on a short-term basis to the general public for compensation, with or without meals, and that has common facilities for reservation and cleaning services, combined utilities and on-site management. TOURIST ACCOMMODATION UNIT means any unit intended to be occupied principally by visitors to Pitkin County, located in a facility that offers customary on-site management and operation services for visitors. This use shall include units found in a lodge, hotel, motel, tourist dormitory, resort cabin, guest ranch, or similar facility, but shall exclude any high country hut, tourist camping or similar facility that does not provide on-site management and operation services or that does not meet the definition of dwelling unit in this Chapter 11. Also excluded shall be dwelling units that are principally residences as Pitkin County Land Use Code CHAPTER 11—DEFINITIONS July 2006 0-.0,i).0 0 4 Page 50 Chapter II Definitions cooperatives pursuant to C.R.S. 33-33.3-101, et. or Section 33-33.5-101, et. seg. and timeshares pursuant to C.R.S. 38-33-111, as those provisions may be amended or replaced from time to time. The creation of these interests shall not result in the subdivision of land, the creation of legally separate lots, nor shall it be considered an event of subdivision. SUBSTANDARD SIZE LOT means any lot or parcel, no matter what the size, that does not meet the minimum requirements for lot width or area as set forth in this Land Use Code, when a building permit is sought. SUBURBAN means a predominantly low-density residential area and/or small-scale commercial area located immediately outside of and physically and socio-economically associated with an urban area, municipality or a city. SYSTEM IMPROVEMENT means an improvement to a public road planned and scheduled on the Pitkin County 20-Year Road Improvement Plan. TEMPORARY LAND USES AND ACTIVITIES means a use that is established for a limited duration of time with the intent to discontinue the use at the end of that time period so the use does not become a permanent land use or activity. By way of example, temporary land uses and activities: A. May be required during the construction phase of development (such as a construction trailer); or B. May be uniquely seasonal in nature (such as a farm stand, holiday tree stand or farmer's market). Filming of a movie, television show, commercial or promotional spot and still photo shoots are also considered to be temporary land uses and activities. a Dv, II -- -- .. - commercial lands or non commercial structures for a commercial purpose. Temporary commercial uses include, but are not limited to (i) filming of movies, television shows, , : . s --: : -. .: , .: '-_ :-: : :: , ..-: . , : non commercial lands (e.g., County parks, residential subdivisions), or using non Pitkin County Land Use Code CHAPTER 11—DEFINITIONS July 2006 00000:` Page 49 ATTACHMENT 13 Chapter 2 Review and Approval Procedures Land Use Code Section Public Pre-App. Review,Decision-Making,and Appeal Authority Lapsing Notice Required <>=Public Hearing Required Staff ABRC HO RHPC BO P&Z BOCC One Single Family Dwelling on N,P,M R <D> None 500* Acre Parcel Historic Incentives for Historic Register N,P,M ✓ R <D> None Properties Location and Extent Review N,P,M ✓ R <D> None M Iajor Amendment to Development Permit or D=Original Same as Approv kpproval Where Original Approval Was N,P,M ✓ R Decision-Making or Permit Not Body Amended Administrative Review(Except for Plats) Non-Conforming Use or Structure, Restoration or Expansion with Minor N,P,M ✓ R <D> 1 year Building Modifications Road and Easement Vacations N,P,M ✓ R <D> None Special Review Uses None unless stat See also Sec.4-20 Use Table and Sec.2- N,P,M ✓ R <D> 40-20) in approval Special Events Venue N,P,M ✓ R <D> 1 year Special Review for Commercial Recreational Use on Pitkin County Open Space and None unless stat Trails in approval 11 troperty or on County-owned property or roads If below thresholds established in N,P,M ✓ R <D> A Sec.4-30-40(q)(3)(b) If above thresholds established in N,P,M ✓ R <D> 4 Sec.4-30-40(q)(3)(c) Subdivision Exemption for Fully Developed Lands N,P,M ✓ R <D> A None New Lots in VC and VR Zone Districts N,P,M ✓ R <D> A None rcels for Community and Public Facilities and N,P,M ✓ R <D> None Open Space Separation of Platted Sub-Standard Size Lots N,P,M ✓ R <D> A None (See also Sec.9-20-030) Determined Takings Determination I R D by remedy approved] Transfer of Development Rights (See also Sec.2-40-30) ;uance of TDR Certificate for Constrained N,P,M ✓ R <D> None Site 1 For example, if an activity envelope is approved to remedy a takings,the approval will expire after 10 years. Pitkin County Land Use Code CHAPTER 2-REVIEW AND APPROVAL PROCEDURES July 2006 Page 42 . _ � 0UQQ06 Chapter 2 Review and Approval Procedures Land Use Code Section Public Pre-App. Review,Decision-Making,and Appeal Authority Lapsing Notice Required <>=Public Hearing Required Staff ABRC HO RHPC BO P&Z BOCC Special Review for Commercial Recreational Use on Pitkin County Open Space and None unless stat Trails property or on County-owned ,./ D A in approval property or roads if below thresholds established in Sec.4-30-40(q)(3)(a) Subdivision Exemption Lot Line Adjustments ✓ D •A None Minor Plat Amendments ✓ D •A None A '4 /Speats D Temporary Land Use and Activities ✓ D A 1 year Special Events ✓ D A 1 year Transfer of Development Right (See also Sec.2-40-30) . Issuance of TDR Certificate / D A None for Sale from Sending Sites >e of TDR Certificate for Additional Floor Area on a Lot/Parcel within the Aspen / D A None Urban Growth Boundary Use of TDR Certificate for Additional Floor rea on a Lot in a Subdivision in the Rural ✓ D A None Area listed in Sec.6-30-50(b)(2)(a) Water Crossino or Diversion ✓ D A None ONE-Sl EP REVIEWS Sec.2-30-30 )esignation to or Delisting from Historic N,P,M ✓ R <D> None Register :tivity Envelope and Site Plan Review for P M ✓ R <D> 10 years Stream Restoration Projects Extension/ ✓ R D Reinstatement of Vested Rights GMQS Exemption for None One Additional Dwelling Unit on a Property Designated to the Historic N,P,M ✓ R <D> None Register) One Additional Dwelling Unit on a Property Designated to the Historic Register 'here the Historic Structure has been or is N,P,M ✓ R <D> None roposed to be Relocated or Exemption is )roposed to be Transferred to a Different Parcel Change in Use of Historic Structure N,P,M / R <D> None Civic or Institutional Use N,P,M ✓ R <D> None Pitkin County Land Use Code CHAPTER 2-REVIEW AND APPROVAL PROCEDURES Page 41 July 2006 00000 7 +r�r, Also. Chapter 2 Review and Approval Procedures A temporary use permit may be approved if it complies with the standards of Sec. 4-30-50(b). (10) Signs A permit for a sign may be approved if it complies with the standards of Sec. 7-60. (11) Temporary Land Uses and Activities. other An application for Temporary Land Uses and Activities may be approved if it complies with the standards of Sec. 4-30-50 (b). (12) • - .. . . . •. _ - . . '. - - Special Event - -- , I . • An application for a Special Event may be approved if it complies with the standards of Sec. 4- 30-50 (j). (13) Demolition Extensions A person seeking to replace a legally established structure pursuant to Sec. 6-30-110 may delay the demolition of the existing structure in order to continue a business or maintain a residence during the construction of the replacement structure subject to compliance with the standards in this section. (a) The applicant shall execute a guarantee in a form acceptable to the County Attorney insuring the demolition and removal of the existing structure and restoration of the site prior to the issuance of a certificate of occupancy for the replacement structure. (b) In the case of existing residences,the applicant shall agree not to request approval to maintain the residence as a caretaker dwelling unit or an employee dwelling unit, unless the site and existing unit meets the standards in Secs. 6-30-40(c) or (d). (14) Certificate of No Effect for Property on Historic Register Pitkin County Land Use Code CHAPTER 2-REVIEW AND APPROVAL PROCEDURES July 2006 Page 49 000008 Chapter 2 Review and Approval Procedures for delisting may not be filed again for a period of two (2) years from the date of denial by the Board of County Commissioners. (10) Location and Extent Review (a) The purpose of the location and extent review is to determine whether any proposed road, park, or other public way, ground, or space, or public building or structure or public utility, whether publicly or privately owned is in conformance with the applicable County Comprehensive Plan or Master Plan. (b) The acceptance, widening,removal, extension, relocation, narrowing, vacation, abandonment, change of use, or sale or lease of or acquisition of land for any road, park, or other public way, ground, place, property, or structure, shall be subject to similar submission and approval. (c) A location and extent review may be undertaken concurrently with any other applicable County review process. (d) In the case of disapproval by the Planning and Zoning Commission of a location and extent review the Commission shall communicate its reasons to the governing body or official having jurisdiction for the proposed project. (11) Special Event Venue An application for a Special Event Venue may be approved if it complies with the standards of Sec. 4-50-050(j). (i) Vested Right The One-Step Review process will result in the creation of a vested right pursuant to Sec. 2-20-170 in the following situations only: (1) When an application for approval of an Activity Envelope or Site Plan is decided by the Hearing Officer,because the Community Development Director has referred the application pursuant to Sec. 2-30-20(i); for approval of an ActivityEnvelope or Site Plan is decided by the (2) When an application pp p Hearing Officer because the application is intended to result in a vested property right pursuant to Sec. 2-20-170, (3) When the application is for a major amendment to a Site Specific Development Plan (as it was defined before the 5th of July, 2006) approved prior to the 5th of July, 2006; (4) When the application is for a major amendment to a Site Specific Development Plan pursuant to Sec. 2-20-150 after issuance of a development permit and after the 5th of July, 2006. Pitkin County Land Use Code CHAPTER 2-REVIEW AND APPROVAL PROCEDURES July 2006 Page 59 000009 ATTACHMENT Chapter 4-Permitted Uses Intended for Rural Areas Intended for Urban Areas rib TABLE 4-1:Permitted Uses Rural Districts Urban/Suburban Residential Business&Special District Purpose RS RR RS RS LI TR- TR- RS A A S B R R R VR MH AH AH B VC P - T - - 1 — R - 1 2 - R R K - -30 -I5 - P - I i. Use Category/ G 6 35 35 30 - I I & 6 P 2 ` Use-Specific Use Type 0 & 10 2 15A U Regulations§ 20 R 15 I) E B C Commercial Automobile Service Station S A S §4-30-040(c) Vehicle and Aircraft Sales and Service(formerly Vehicle S M and Aircraft Related Business) Other Principal Uses Cellular Telephone Facility S S S S S S S S M S S M S §4-30-040(g) Junk Yard S S S §4-30-040(m) Radio or TV Transmitting S S S S S SSMSSSSSSSSSSM *4-30-040(r) Station Solar Farms §4-30-50(m)&§4- S S S S S SS S S MSSSSSSS SSSSS 30-050(h)(5) Use by Federal Permit (formerly Uses,Activities& Facilities Permitted by S S S S S S SS MS SS S SS S SSSMS Special Use Permit Issued by Federal A:enc') Aece,>ur\ X l empnrarc l•se: Accessory Structures with A A A A A §4-30-050(a) Bathing Facility Agricultural Stand A A A A A A MA A A A A A A M A §4-30-050(b) Arts and Crafts Studio, A A A A A A A A A A A A A A A A A A AMA Accessory Building-Mounted Cellular S S S S SSSSSSS S S S §4-30-050(c) Telephone Antennae Bus Stop A A A A A A AS A A A A A A A A A A A Camping Area A A A M §4-30-050(d) Caretaker Dwelling Unit S S S S S S SSSS S S M ,S *4-30-050(e) Club House or Recreational S S SSSM SS SS S S M Building Day Care Home A A A A AM A A A A A A A A A A Employee Dwelling Unit S S S S S S SS S S M S Home Occupation A A A A A AA A A A A A A A A A A A A M A §4-30-050(f) Horse Boarding,Accessory A A A A S Satellite Reception Device S A A AS S A A AMA A A A A A A A A A M A §4-30-050(g) Solar Energy Collector A A A A A A A A A A M A A A A A A A A A A M A §4-30-050(h) Ground Mounted Solar Energy Collector Greater than S S S S S S S S S S M S S S S S S S S S S M S §4-30-050(hy)(5) 12'in Height Temporary Land Use and A A Activities A A A A A A A AMA A A A A A A A A AMA &4-30-050(b) Tempo..,...Commercial Use A A A A A A A A A AMA A A A A A A A A A M A §4 30 050(i) Trail A A A A A �A A A A AMA A A A A A A A A AMA Water Crossing or Diversion S S SS SSSS SSMSSSS SSSSSSMS Wind Powered Electric SSSSSSS M S M §4-30-050(j) Generator Micro Hydro Electric Energy SS SS SS S S S SS S S S S S SS S SSS 5 §4-30-050(k) System Snow Storage/Dumping S SS S SS S SS SS SS SSS SSSS S S §4-30-050(I) Trucking Special Events A A A A A A A A A AMA A A A A A A A A A MA §4-30-050(i) Special Events Venue S S M S S S M S 4-30-050(j) Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 . - ; o&o e 1 n Page 10 No partition of any common interest community or timeshare interest shall be permitted. The filing of any legal partition action shall be considered an evasion of the Pitkin County subdivision requirements. (9) Growth Management Allocations Required to Create New Structures, Dwelling Units or Timeshare Interests Any additional structures or dwelling units in a common interest community shall require growth management allocations or exemptions pursuant to Secs. 6-60 and 6-30-150. (10) Additional Timeshares Require Growth Management Allocations or Exemptions. The creation of any additional timeshare interests shall require growth management allocations pursuant to Sec. 6-60. (y) Vehicle and Aircraft Sales and Service (1) A gas station or accessory service facility shall not exceed a total land area of thirty-two thousand (32,000) square feet. (2) Aircraft service and sales shall only be permitted in the P-I zone district. 4-30-50: ACCESSORY AND TEMPORARY USES (a) Accessory Structure with Bathing Facility (1) Must be located on lots or parcels that contain at least thirty-five (35) acres. (2) Must record a deed restriction approved by the County Attorney ensuring only one (1) dwelling unit exists on the parcel. (3) One (1) structure on the parcel shall be designated "principal" for height measurement purposes. (4) For purposes of calculating Road Impact Fees each of the structures containing bathing facilities shall be considered a separate dwelling unit and will be assessed the appropriate fee based on the size of the structure. Floor area of other residential structures, not containing bathing facilities, will be treated as if attached to one (1) of the structures with bathing facilities. For the purpose of calculating development exactions or impact fees based on aggregate floor area or square footage rather than Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 67 - 000011 on a per unit basis, the aggregate of all residential floor area or square footage on the parcel will be cumulated and will be used for calculating fees. Sec. 4-30-50 (b), Use Specific Standards for Temporary Land Uses and Activities. *Comment: Section 4-30-50 (b) currently contains just the standards for agricultural stands. This section would be re-named so it addresses the standards for all temporary uses and activities. Section (b) (I) would contain the current standards for agricultural stands. Section (h) (2) would contain the current standards for Motion Picture Filming and Photo Shoots, which previously were found in Sec. 4-30-50 W. Section (b) (3) would contain the current standards for other types of temporary land uses and activities, which previously were found in Sec. 2-30-20(g) (11). (b) (1) Agricultural Stand Vendors are permitted to sell Colorado-grown agricultural or farm products subject to compliance with the standards in this section and approval of a Temporary Use Permit under Sec. 2-30-20. (a) The vendor shall have the permission of the owner of the property for use of the site for vending purposes. (b) The vending stand or vehicle is adequately set back from the adjacent road, does not block any required access to or egress from the site, does not disrupt vehicular or pedestrian circulation in the surrounding area, and does not cause a traffic hazard or safety problem. In addition, an off-road parking area of sufficient size shall be provided to accommodate the anticipated number of customers. (c) The temporary structure, if any, complies with applicable adopted building codes and other County regulations. (d) Not more than two (2) vendors may be allocated a permit for any single location. (e) Temporary use permits for agricultural products shall not exceed a period of five (f) months. (g) Stand operators may receive an unlimited number of development permits; however when more than two (2) operators wish to use a given location during the same time period, preference shall be given to new permit applicants in the order in which they apply. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 68 000012 (h) Identification signs must comply with the sign standards in Sec. 7-60-50. (2) Motion Picture Filming and Still Photo Shoots. An applicant may be exempt from a temporary land use and activities permit to film a movie, television show, commercial, or promotional spot or to conduct a still photo shoot if the following standards are met: (a) At least five (5) working days prior to the production, the applicant shall e- mail to the Community Development Department a brief description of the nature of the production, including dates, times and locations. If the standards of this Sec. 4-30-50 (b) (2) can be met, the Community Development Director will issue an acknowledgement of the applicant's e-mail and the production may proceed. If these standards cannot be met, the applicant may instead apply for a special event permit, pursuant to the standards and procedures set forth in Sec.4-30-50(j). (b) The production shall be limited to no more than five (5) vehicles and a total of fifteen(15)people, including the actors/models and crew. (c) All staging for the production, including but not limited to, the equipment, actors/models, crew, vehicles and trailers, shall be located on private property. (d) There shall be no off-site impacts from the production. CO There shall be no parking on public roads for the production. A minimum of sixteen feet (16') of emergency access shall be maintained on private roads at all times. (f) The applicant shall obtain all necessary federal/state permits and shall comply with the Pitkin County Code and applicable state and federal regulations. (g) Outdoor filming/photography shall last for no more than three(3)days and shall only occur between the hours of 7:00 AM to 7:00 PM or one (1) hour after sunset,whichever is later. These limits include the time necessary for set-up and take-down of the production. Indoor filming/photography shall not be subject to these time limits. (h) The applicant may be required to provide proof of general liability insurance for the duration of the production, with Pitkin County being named as an additionally insured, with two million dollars ($2,000,000) aggregate coverage and one- million dollars($1,000,000)coverage for each Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 69 00001 I occurrence, or provide a waiver of insurance approved by the County Attorney. (i) The applicant shall comply with the following noise standards: 7:00 AM to 7:00 PM: 65 dB(A): and 7:00 PM to 7:00 AM: 55 dB(A). (j) A helicopter or drone shall not be used for filming unless the permit application has been referred to the Board of County Commissioners, which may authorize the use of helicopters at their discretion considering the following: (i) Whether the use of a helicopter or drone will result in a clear and demonstrable marketing benefit to the community; (ii) The helicopter or drone will be used for a live broadcast: (iii) The applicant shall demonstrate that the helicopter or drone will not cause detrimental impacts to wildlife; and (iv) Safety concerns shall be adequately addressed. (3) Other Temporary Land Uses and Activities. An application for other types of temporary land uses and activities may be approved if the Community Development Director determines that: (a) the applicant, or a member of the pfepeFties7 Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 70 000014 Chapter 4—Permitted Uses application to a public hearing before the Planning and Zoning Commission. (i) Temporary Commercial Use/Special Events Temporary Use Permit pursuant to Sec. 2 30 20, provided that the proposed emergency services. (3) A fund raising or non commercial event for a nonprofit religious, (a) The special event is conducted entirely (including parking) on peen T - - . . •. . .• •.b - .... , . . . - • . . .. and 9:00 p.m.,to a maximum duration of one (1)day, and to a other permits or approvals that may be required such as special events shall be provided to the County Engineer and Sheriff seventy two (72) ho r.to he a ent iffeeess, (5) If a special event is anticipated to occur annually, or on a periodic basis, Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 76 �r�rr y Chapter 4—Permitted Uses determines that the changes in the event were not anticipated or covered by adverse impacts. If the Community Dcvc .. - - ` .• •- - -. - (i) Special Events (1) Purposes. These standards are intended to govern the time. place and manner in which special events may be conducted on county roads, county property or private property. These standards are necessary to ensure that an event's demands for health, fire, police,transportation. and other public facilities and services do not exceed the level of service that is normally provided in that area of the county and that the event does not create undesirable impacts on the residents of that area of the county. Specifically,the purposes of these standards are to ensure that special events: (a) Are conducted in a safe and orderly manner by requiring adequate provision of access, parking. sanitary facilities, utilities and security, ensuring the structural integrity and safety of temporary facilities,and requiring appropriate guarantees for site cleanup and restoration; (b) Are reasonably suitable for the neighborhood, considering the duration and intensity of the proposed special event,and will minimize any significant impacts of the event on surrounding landowners.residents and businesses; and (c) Do not create public disturbances or become public nuisances, endanger life. health or public safety, disrupt traffic. or threaten or damage public or private property. (d) These standards are also intended to ensure that the organizers and sponsors of special events coordinate with governmental agencies and neighbors well in advance of the date the event will be held and accommodate the requirements of those agencies and the concerns of neighbors in planning for and conducting the event. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES Page July 2006 00-0016 0 77 Chapter 4—Permitted Uses (2) Applicability/Permit Required (a) These standards shall apply to any special event proposed to occur on public or private property in those zone districts listed in Table 4-1 as the locations where special events are allowed uses or master plan uses. (b) Conduct of a special event shall require a special event permit which shall be obtained from the Community Development Department. (c) An application for a special event permit shall be processed as an administrative review,as described in Sec. 2-30-20. This shall authorize the Community Development Director to approve,approve with conditions, or deny the application, as specified in Sec. 2-30-20 (f) or to refer the application to a higher body, as specified in Sec. 2-30-20(i). (d) The application for a special event may be classified by the Community Development Director as requiring no permit, a minor permit or a major permit. The Community Development Director shall utilize Table 1, Table 2,or Table 3 in this Code section,as applicable, as a guide in determining how to classify the special event application.The Director is also authorized to utilize his or her administrative discretion and professional judgment in making this determination. (e) An application that is classified as a major event shall require the County's Special Events Committee to convene to review the permit request. The applicant shall be invited to appear before said Committee when it conducts that review. (f) If a special event is anticipated to occur annually, or on a periodic basis,the applicant may request a multiple-event special event permit, which may authorize the special event for up to three (3) years. Multiple-event special event permits shall require the applicant to notify the Community Development Department at least ninety(90)days prior to each event to identify the date and location of the event and any changes in the nature, size,or activities to be conducted since the preceding event covered by the permit. If proof of insurance coverage was required for previous approvals, the applicant shall submit updated evidence of insurance coverage for the dates of the upcoming event. If the Community Development Department determines that the changes in the event were not anticipated or covered by the existing permit,and could have unanticipated adverse impacts on surrounding properties or traffic on County rights-of-way, or the event has not complied with provision of previous approval(s)the permit may be revoked and/or the Department may require that the applicant apply for and receive a new special events permit or modify the event to avoid the unanticipated adverse impacts. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 78 00041. Nosy Chapter 4—Permitted Uses (3) Review Standards. The following standards provide an overall checklist for the applicant and County staff to use in preparing and reviewing a permit application. The County staff is hereby authorized to determine which of these standards should apply to the application,based on the type,scale and location of special event that the applicant is proposing_ (a) Water Supply. The applicant shall provide an adequate and safe supply of potable water that complies with the requirements set forth by the Colorado Department of Public Health and Environment and the County Environmental Health Department. (b) Sewage Disposal/Toilets. The applicant shall provide a minimum of 1 toilet per 25 persons anticipated to attend the event, conveniently dispersed throughout the event grounds,with separately- enclosed toilets provided for males and females. The greater of five percent(5%)of those toilets or 1 toilet per each cluster of toilet facilities, shall be ADA accessible. An adequate number of hand washing stations shall be provided. All portable toilets shall be removed immediately following the conclusion of the event. Alternative: The applicant shall provide an adequate number of portable toilets, including ADA accessible toilets, along with an adequate number of hand washing stations,as determined by the Environmental Health Department. Separately-enclosed toilets shall be provided for males and females. All portable toilets shall be removed immediately following the conclusion of the event. (c) Solid Waste/Recycling. A sanitary method of collecting and disposing of solid waste from the event shall be provided. A minimum of 3 trash receptacles and 3 well-labeled recycling receptacles per 100 attendees shall be provided. Receptacles shall be dispersed throughout the event area, including at all exit points. Provision shall be made to ensure receptacles are emptied when they become full. Outdoor trash receptacles and any on-site dumpsters used to collect trash shall have a latching mechanism making them bear proof. Trash and recyclable materials shall be removed from the site immediately following the conclusion of the event. Alternative: The applicant shall present to the Environmental Health Department a plan for the sanitary collection and disposal of solid waste from the event. The plan shall describe the number of trash receptacles and recycling receptacles that will be provided and the location of said receptacles. Provision shall be made to ensure receptacles are emptied when they become full. Outdoor trash receptacles and any on- site dumpsters used to collect trash shall have a latching mechanism making them bear proof. Trash and recyclable materials shall be removed from the site immediately following the conclusion of the event. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 79 00001.8 Chapter 4—Permitted Uses (d) Safety/Emergency Services. The applicant shall provide a safety and operations plan that includes procedures for dealing with on-site medical emergencies and crowd control. The plan shall address the following elements: (i) First aid and other emergency services shall be provided on- site. The number of certified medical providers that shall be on- site and the required types of standby equipment that shall be available shall be determined by the Fire Marshal and the Sheriff. If necessary, an enclosed medical treatment structure shall be provided. (ii) Adequate infrastructure, as determined by the Sheriff, shall be provided on-site to allow for emergency communications with hospital,police and fire services. (iii) Adequate private security personnel,as determined by the Sheriff, shall be provided for crowd and traffic control at the event. The Sheriff shall have the authority to require that law enforcement personnel be on-site at the applicant's expense to monitor crowd control and to regulate traffic. The Sheriff may require that a crowd control fence enclosing the site, with gates that allow for emergency access/egress,be provided. (iv) The event (including structures, access, etc.) shall comply with all applicable building codes and fire district safety codes. Any fireworks displays or temporary tents shall require a permit issued by the appropriate County agency. All electrical cables, wires and equipment shall be covered, concealed, secured and/or located in such a manner that event participants will not be placed at risk. (e) Parking. The applicant shall provide a plan for on-or off-site parking facilities for the event. There shall be no parking permitted on County roads. (i) Shuttle service shall be provided before, during and after the event whenever off-site parking is proposed. Event organizers should provide advance notice encouraging event participants and event workers/volunteers to carpool to the event. The applicant shall demonstrate to the Community Development Director that the access roads between the site and the parking area are capable of handling the shuttles without adversely impacting the neighborhood. (ii) The parking area shall offer a sufficient number of parking spaces to accommodate the maximum number of attendees anticipated at the event.The applicant shall demonstrate to the Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006Page 80 00 01 t.) • Chapter 4—Permitted Uses Community Development Director that an appropriate number of entrance and exit locations will be provided and that those entries and exits offer adequate sight distances. Safe and efficient circulation routes shall be provided within the parking area. Signs may be allowed to direct participants to parking and other features of the event. (f) Traffic Control. The applicant shall provide a plan showing access routes to be used for the event, signs that will be used to direct traffic and whether persons will be employed to monitor and direct traffic at all points of ingress and egress and at other points around the event. Plans and routes to safely accommodate pedestrians shall also be provided. (i) The applicant may need to have tow trucks available on an "on-call"basis to remove vehicles that have parked illegally on County roads. (ii) Requests for full or partial closures of County roads shall be at the sole discretion of the Board of County Commissioners. (iii) The applicant may be required to post signs. hand out fliers door-to-door,or take out an ad in a local newspaper or radio if traffic is expected to significantly impact the residents of the area. (g) Noise. The event shall comply with all applicable County noise standards. Noise that is incompatible with the surrounding area shall be prohibited. No exterior amplifiers, speakers or similar equipment shall be permitted outside of the temporary buildings, structures or tents on the site unless specifically authorized by the permit. (h) Lighting. Lighting sources shall be shielded and directed inward, downward,and away from adjacent properties to the maximum extent possible to ensure lighting does not shine or reflect unreasonably beyond the event's boundaries. For events held at night,the area of assembly and primary circulation routes shall be adequately illuminated to provide for safety of participants and safe egress from the site. (i) Dust Control. The applicant shall provide for appropriate dust control at the event site. The applicant shall apply water to unpaved parking areas and circulation routes at least twice a day so as to mitigate dust. The applicant shall also ensure there is adequate dust control during site setup and teardown, including controlling dust on any unpaved routes event personnel will use to access the site. (j) Time Limitations. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES Page 81 July 2006 5 000020 Chapter 4—Permitted Uses (i) The special event permit shall specify the hours of operation for the event and shall specify the number of days a special event may be conducted. (ii) Set-up for an event in the Rural area or in the Rural and Remote zone district shall not be initiated more than 48 hours prior to the time the event is scheduled to begin. Set-up for an event in the Aspen or Basalt Urban Growth Boundary shall be initiated in conformance with the time limitations set forth in the permit for the event. (iii) Any temporary structures that were erected shall be removed from the property within 24 hours after the conclusion of the special event unless the permit specifies a more or less restrictive time limit. (k) Food and Liquor Sem' e. If food and beverages, including liquor,will be sold or given o participants,then food service and liquor licenses shall be obtained,as required by the Colorado Department of Public Health and Environment and the Board of County Commissioners, respectively. The applicant shall coordinate with the Environmental Health Department if there is to be food service at the event and is responsible for satisfying all applicable health code and sanitation requirements. (1) Insurance and Indemnification.The applicant may be required to provide proof of general liability insurance for the duration of the event, with Pitkin County being named as an additionally insured,with two million dollars($2,000,000)aggregate coverage and one-million dollars($1,000,000)coverage for each occurrence,or provide a waiver of insurance approved by the County Attorney. The applicant may also be required to execute an agreement indemnifying, holding harmless and defending the County, its officers and employees against any claim for loss,damage or expense sustained by any person on account of injury, death,or property damage occurring due to or arising out of the special event. (m) Legality of Structures. Temporary buildings/structures that are to be used in the event shall have undergone all required inspections by the Chief Building Official. Any permanent/buildings or structures that are to be used in the event shall have been built with a valid building permit or shall have obtained a temporary or final certificate of occupancy from the Chief Building Official. (n) Site Restoration.The grounds shall be maintained each day of an event. The applicant shall submit an irrevocable letter of credit,bond, damage/cleanup deposit or other cash guarantee, in an amount to be determined by the County. The guarantee shall cover site grading, Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 82 000021 Chapter 4-Permitted Uses restoration, removal of structures and cleanup to ensure the site is restored to its former condition and any damages are repaired. (4) Additional Standards Applicable to Particular Areas of the County *Comment: Reserved,pendia,- input from County Caucuses. (5) Violations and Penalties (a) Chapter 10 of the Land Use Code sets forth Pitkin County's procedures to address violations of land use approvals and the penalties that may be applied when enforcing the Code. The County staff is hereby authorized to apply those procedures and penalties to the enforcement of violations of a special events permit. (b) Representatives of the County's special events committee, including, but not limited to,the Community Development Director,Chief Building Official,Environmental Health Director, Sheriff and Fire Marshall (and their designees)are hereby granted the authority to enter onto the site of a special event during set-up,while the event is taking place, and when site clean-up and restoration is taking place. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 83 000022 Chapter 4—Permitted Uses *Comment: Table 1 is added TABLE 1 SPECIAL EVENTS THRESHOLDS ASPEN AND BASALT URBAN GROWTH BOUNDARY Characteristics Permit Is Not Minor Event Permit Major Event (see note 1 below) Required Is Required Permit Is Required Number of Up to 200. More than 200 but More than 500. Attendees not to exceed 500. Frequency of Event 1 2 or 3 More than 3 (# of times per (see note 3 below) calendar year) Duration of Event 1 day More than1 day Size of Proposed Up to 400 sq. ft. More than 400 sq. ft. More than _ sq. ft. Structures/Tents but less than _ sq. ft. Live Amplified Music Within a permanent Within a temporary Outside building. building or tent. Fireworks None Yes if fireworks will Yes if fireworks will be noiseless not be noiseless Helicopters None None 1 or more Incident Command No No Yes Center Convened? Notes: 1. An application for a special event shall be classified by the Community Development Director as requiring no permit, a minor permit or a major permit, using the criteria in this table as a guide in making this determination. The Director is also authorized to utilize his or her administrative discretion and professional judgment in making this determination. 2. If an event has any single characteristic that would place it into the next higher permit category then it shall require that type of permit. So, for example, an event that does not require a permit due to its number of attendees and single day duration but which would erect more than 400 sq. ft. in structures/tents would require a minor event permit. 3. If more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receive special review approval as a "Special Events Venue" to authorize that frequency of events, provided a special events venue is listed as a special review use for the zone in which the property is located. ATTENDEES means the number of persons participating in a special event, including those attending the event and those working or volunteering at the event on the day it occurs. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 _ Q u O n 3 Page 84 Chapter 4-Permitted Uses *Comment: Table 2 is added TABLE 2 SPECIAL EVENTS THRESHOLDS RURAL AREA Characteristics Permit Is Not Minor Event Permit Major Event (see note 1 below) Required Is Required Permit Is Required Number of Up to 100. More than 100 but More than 250. Attendees not to exceed 250. _ Frequency of Event 1 2 or 3 More than 3 (# of times per (see note 3 below) calendar year) Duration of Event 1 day More than1 day Size of Proposed Up to 400 sq. ft. More than 400 sq. ft. More than _ sq. ft. Structures/Tents but less than _ sq. ft. Live Amplified Music Within a permanent Within a temporary Outside building. building or tent. Fireworks None Yes, but fireworks Yes, but fireworks shall be noiseless. shall be noiseless. Helicopters None None 1 or more Incident Command No No Yes Center Convened? Notes: 1. An application for a special event shall be classified by the Community Development Director as requiring no permit, a minor permit or a major permit, using the criteria in this table as a guide in making this determination. The Director is also authorized to utilize his or her administrative discretion and professional judgment in making this determination. 2. If an event has any single characteristic that would place it into the next higher permit category then it shall require that type of permit. So, for example, an event that does not require a permit due to its number of attendees and single day duration but which would erect more than 400 sq. ft. in structures/tents would require a minor event permit. 3. If more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receive special review approval as a "Special Events Venue" to authorize that frequency of events, provided a special events venue is listed as a special review use for the zone in which the property is located. ATTENDEES means the number of persons participating in a special event, including those attending the event and those working or volunteering at the event on the day it occurs. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 85 0000 ?: 4 Chapter 4—Permitted Uses *Comment: Table 3 is added TABLE 3 SPECIAL EVENTS THRESHOLDS RURAL AND REMOTE ZONE DISTRICT Characteristics Permit Is Not Minor Event Permit Major Event (see note 1 below) Required Is Required Permit Is Required Number of Up to 25. More than 25 but not See note 3 below. Attendees to exceed 100. Frequency of Event 1 2 or 3 Not allowed (# of times per (see note 4 below). calendar year) Duration of Event 1 day More than1 day Size of Proposed Up to 400 sq. ft. More than 400 sq. ft. Structures/tents Structures/Tents but less than 1,000 shall not exceed sq. ft. 1,000 sq. ft. Live Amplified Music Within a permanent Within a temporary Outside building. building or tent. Fireworks Not permitted in the Rural and Remote zone district Helicopters None None 1 or more Incident Command No No Yes Center Convened? Notes: 1. An application for a special event shall be classified by the Community Development Director as requiring no permit, a minor permit or a major permit, using the criteria in this table as a guide in making this determination. The Director is also authorized to utilize his or her administrative discretion and professional judgment in making this determination. 2. If an event has any single characteristic that would place it into the next higher permit category then it shall require that type of permit. So, for example, an event that does not require a permit due to its number of attendees and single day duration but which would erect more than 400 sq. ft. in structures/tents would require a minor event permit. 3. No more than 100 persons may congregate for an event in the Rural and Remote Zone District. However, more than 100 people may attend an event that passes through the Rural and Remote Zone District, such as an athletic race or similar type of event. 4. If more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receive special review approval as a "Special Events Venue" to authorize that frequency of events. However, Special Events Venue is a prohibited use in the Rural and Remote zone district so more than 3 events at a site per calendar year is not permitted. ATTENDEES means the number of persons participating in a special event, including those attending the event and those working or volunteering at the event on the day it occurs. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 86 600025 Chapter 4—Permitted Uses Sec. 4-30-50 (i),Use Specific Standards for Special Events Venue *Comment: This would be a new section providing standards for this new type of use. (1) An applicant for a special events venue shall provide a plan for the proposed use describing the site on which the use would occur and how the venue would be operated. The plan shall,at a minimum,describe the following aspects of the proposed use: (a) Whether events would occur indoors, within a permanent structure, in temporary, tent-like structures, outdoors, or some combination of these approaches. The applicant shall describe whether any new structures will be built or existing structures will be expanded and provide drawings illustrating any such structures. (b) The number of events anticipated per calendar year, including the number of times per week or month that the venue would be operated. The times of day when events would take place shall also be specified. The maximum number of attendees at events shall be stated. (c) Whether employees will be hired to provide support services to the venue or if those services will be provided under contract by other businesses. (d) The plan shall also provide responses to the applicable review standards for special events that are listed in Sec. 4-30-50 (i). This shall include describing how the venue will provide an adequate water supply, properly dispose of sewage and solid waste, provide parking, and control impacts such as traffic, noise, lighting,dust and similar matters. (2) The applicant for a special event venue shall demonstrate that the proposal complies with the standards for special review uses listed in Sec.2-30-30(h)(2). fa) In its consideration of the standards for special review uses, the Board shall give particular consideration to the proximity of the proposed venue to surrounding residential areas and whether events that are proposed to occur at the venue would be consistent with the character of the neighborhood or would be disruptive to neighbors. This shall take into account whether the venue has a permanent structure in which events would take place, and the extent to which events would occur outside or in temporary, tent-like structures. This shall also consider whether the proposed events would have amplified music, fireworks, or similarly impactful activities that occur outside. Consideration shall also be given to the frequency of the events planned for the venue and the time of day when events would be scheduled. (b) The Board shall also consider any prior approvals that were granted to the structure or site to be used as a venue, including whether any limitations or Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 87 000026 Chapter 4—Permitted Uses conditions were placed on such prior approvals, and whether designation of the structure or site as a special events venue would be consistent or inconsistent with the representations made and the conditions imposed on those prior approvals. *This section will be moved to 4-30-50 (b) but is shown here to be deleted can be met. (a) At least fiver(5)working days prior to the production, the (b) Five vehicles maximum. 15 people total. (d) There shall be no offsite impacts. • . .. . • ..- . a . - maintaineel-aa ll ti e!! I!! - - - - - •- (i) Current noise regulations of: Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 88 0000; 7 Chapter 4—Permitted Uses 7:00 a.m. to 7:p.m. 65dB(A) 7:00 p.m. to 7:00 a.m. 55dB(A) state the event may proceed. If the standards set forth in attain a Special Event permit. • . . -- - _- --•. .b - . .. . . •. . Community; (b) The helicopter will be used for live broadcast; (j) Wind Powered Electric Generator (1) Only wind powered generators with a rated capacity of less than two hundred fifty (250) kilowatts are permitted as accessory uses. Wind powered generators with higher rated capacities are only permitted as a major public facility. (2) A maximum of one (1) small wind powered electric generator may be accessory to a residential or non-residential use. (3) A wind powered electric generator shall be used primarily for private purposes, and not primarily for the generation of electricity to be used off-site. The maximum height of a wind powered electric turbine shall not exceed eighty (80) feet, measured from the ground to the tip of the blade in its tallest position, and the minimum height of the turbine blade above ground level shall not be less than twenty (20) feet. (4) No part of any wind powered electric generator, including guy wire anchors, may extend closer to any property boundary than the height of the tower. (5) Except during severe wind storms, wind powered electric generators shall not cause a sound level exceeding fifty (50) dba, as measured at the closest neighboring inhabited dwelling. Pitkin County Land Use Code CHAPTER 4-PERMITTED USES July 2006 Page 89 000028 MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Cindy Houben, Community Development Director,,. Mike Kraemer, Planner/k RE: Special Events Land Use Code Amendments DATE: January 6'", 20I S SUMMARY OF REQUEST: At the direction of the BOCC, Staff is initiating a number of Land Use Code Amendments to the Special Events/Temporary Commercial Use section of the Code. The initial purpose of these amendments is to close a Ioophole that currently exists in the Code that does not require large private events to receive a permit. In some cases these events have the potential to impact public resources or are inconsistent with the neighborhood master plan or zoning. CURRENT SPECIAL EVENTS CODE: Pitkin County regulates and permits Special Events/Temporary Commercial Uses. The Community Development Department is responsible for this process and issues permits in the form of an Administrative Decision with referral comments provided by the Special Events Committee which is comprised of multiple local agencies including but not Iimited to Sheriff's Office, Ambulance Districts, and Fire Districts. Pursuant to the Code, all Special Events/Temporary Commercial Uses are handled administratively unless the Community Development Director refers the application to the BOCC. This has occurred in the past for large events such as the Winter X Games and the Pro Cycling ChaIIenge. The current Code Ianguage that regulates Special/Temporary Commercial Uses events reads as follows: The temporary commercial use and occupancy of public or private land and/or road vays for commercial activities or special events requires the issuance of a Temporary Use Permit pursuant to Sec. 2-30-20, provided that the proposed temporary use complies with the standards in this section. (1) Temporary structures constructed or placed on the premises shall conform to all applicable adopted building codes and other County regulations. (2) All applications shall make adequate provision for (a) public parking, (b) site setup, maintenance, and clean up, (c) public safe)}; and (d) availability, of emergency sen,ices. (3) A fund-raising or non-commercial event for a nonprofit religious, educational, or conummity service organization shall not require a temporary use permit provided that: P&Z: January0h, 201 S Page 2 (a) The special event is conducted entirely (including parking) on private property owned or leased by the sponsoring organization as a permanent facility; (b) Any structure used in conjunction with the event shall be the subject of a valid building permit, and shall be promptly removed upon cessation of the event; and (c) The event shall be limited to hours of operation behveen 8:00 ant. and 9: 00 P. in., to a maximum duration of one (1) das; and to a maximum frequency for sintilar events of two (2) times per calendar year. This does not exempt the sponsoring organization from obtaining other permits or approvals that may be required such as special events liquor license, pyrotechnic permit, amplified noise variance, etc. (d) Notice of the time and place of the event and estimated attendance shall be provided to the County Engineer and Sheriff seventy-tx,o (72) hours prior to the event. *Note: Additional exemption language exists in this subsection for small film and photo shoots that is not part of these proposed Code amendments In general, the current Code is adequate for Staff and the Special Events Committee when reviewing applications. With limited Ianguage and the qualifier of "adequate provisions", Staff has the latitude to tailor reviews and conditions of permits to each specific event. However, without standards and a basic framework, there are instances where applicants do not know what is required or if a permit is even needed. Staffs proposal seeks to find a balance of flexibility to customize events yet provide threshold standards consistent with County policy, Codes, and Master PIans. BACKGROUND ON PROPOSED AMENDMENTS: Pitkin County is currently under a moratorium pursuant to BOCC Resolution No. 20-2014 (Attachment A). The purpose of this moratorium was to allow time for Staff to draft Land Use Code Amendments to address the loophole for impactful large private events and more specifically address the process and the framework for how Special Events are categorized and reviewed. This moratorium expires on March 18'x, 201 S and a public hearing schedule has been created in effort to complete the adoption of a Code amendment ordinance prior to this date. At a work session on September 23'x, 2014 the BOCC provided Staff with direction based on consultant AIan Richman's report (Attachment B) which provided insight on similar jurisdictions' processes and frameworks for reviewing special events. With this information, the general direction from the BOCC at this meeting was that the amendments should address the folloA ing: • "venue properties" where eN-ents and commercial uses were common; 000032 P&Z: January 6'h, 2015 Page 3 • Create standards for events that distinguish between the rural, urban, and rural and remote areas, and • Define and address "temporary uses" and "temporary commercial uses'. The planning consultant, at the direction of the BOCC, produced a summary document that rewrites the Land Use Code (Attachment Q. In this draft, requests for fireworks and permits for tents or other temporary structures are addressed. This is a slightly revised document that was emailed to the P&Z on December 19", 2014. Pages I5-17 of Attachment C are tables that propose threshold standards to categorize events within the rural areas, urban areas, and rural and remote areas of the County. One of these standards addresses the proposed number of participants at a Special Event and is identified as "attendance". The proposed attendance standards wiII dictate whether an event application is exempt from the permitting process, is classified as a minor permit, or is classified as a major event. Staff has attempted to draft attendance standards to begin the discussion on this topic and requests that the P&Z re% iew these standards and provide specific comments so that a recommendation can be formed and provided to the BOCC. Additionally, attached are the formal Land Use Code amendments with str-iliethFeughs and underlines which indicate Ianguage that is deleted and language is proposed (Attachment D, E, and F). REFERRALS: Staff has referred the draft rewrite to neighborhood groups, caucuses, stakeholders, and representatives of HOA's and metro groups to gather comments on the initial draft. Some comments have been received and attached for your review (Attachment G). Staff is also meeting with the Special Events Committee which includes Sheriff's Office, ambulance districts, and other emergency responders to get there comments. Staff will bring any additional comments to the P&Z meeting. TWO-STEP REVIEW PROCEDURES (2-3040i): A request for a Land Use Code Amendment is a two-step review by the Planning and Zoning Commission and the BOCC. The P&Z is charged with forming a recommendation on the amendments and providing that recommendation to the BOCC. Two hearings are required at the BOCC IeveI, one public meeting and one public hearing. If the BOCC makes any substantial changes to the proposed Code amendments, the changes must be brought back to the BOCC for review and comment. Review of Land Use Code Amendments must comply with the foIIowing for approval: (A) All applicable provisions of this Land Use Code, Response. Staff has evaluated the proposed Code amendments for their impacts on other Code sections. At this time Staff feels that all sections of the Code that would be affected by the proposed amendments have been adequately addressed. (B) All applicable Land Use Policies listed in Sec. 1-60, 000oc",J P&Z: January 6", 2015 Page 4 Response: Staff has reviewed the policies in Chapter I of the Code and feels that the proposed amendments are consistent with the following applicable policies: 1-30-20: Create a Common System ofAdministration and Regulation. The current Land Use Code is sparse in its requirements and approach for regulation and review of special events and temporary commercial uses. The proposed amendments will create a framework, standards, and structure for reviewing special events and will be consistent with this policy to create a common system of administration and regulation. The proposed amendments will standardize the County's review and create more certainty for applicants and a clearer process for Staff. 1-50-30: Clearly Delineate Urban and Rural Areas of the Country. This policy states that regulations should be established that clearly delineate between urban style developments that are more intense and preserve rural areas of the county for less intense development. The basic structure of the Land Use Code follows this theme and the proposed Code amendments are consistent with this basic planning principle. As written, the amendments would allow special events and temporary commercial uses to operate more freely within the established Urban Growth Boundaries of Aspen and Basalt. Rural areas and Rural and Remote areas would be reserved for less intense activities and require more review. 1-60-30: Connnntaity Balance. This policy speaks to the ability for Pitkin County to protect, from further degradation, our natural environment through allowing managed commercial development. Special Events and Temporary Commercial Uses play a role in our local economy and should be allowed to occur through a properly established framework that mitigates the impacts of the events on public and natural resources. This framework, in essence, creates balance. Staff feels that the amendments are consistent with and accomplish this stated policy. LAND USE CODE TEXT AMENDMENTS (240-10): In addition to the provisions of Sec. 2-3040(1), the following shall apply to applications for Land Use Code Amendments: (A) Each Laird Use Code tex7 amendment shall be consistent with the Pitkin County Contpreltensive Platt; Response. Though no specific Comprehensive Plan or Master Plan applies to these amendments because they will be applied County -wide, Staff feels that they are consistent with the goals and objectives of all adopted plans throughout the County. These adopted plans include the Maroon/Castle Plan Master Plan, Owl Creek Master PIan, Snowmass/Capitol Master Plan, East of Aspen Master PIan, Woody Creek Master PIan, Emma Master Plan, Brush Creek Master Plan, Crystal River Master Plan, Frying Pan Master PIan, and West of Maroon Plan. (B) Land Use Code teal antendment shall be drafted in a forst consistent with lite organizational forntat and style of this Land Use Code; Response. See Attachment D. 000004, P&Z: January 06, 2015 Page S (C) Code few amendments shall repeal and reenact entire Code sections rather tharr just specific sentences or sub -sections. Response. If the Code Amendment is approved, entire Code sections will be repealed and reenacted. CODE AMENDMENT RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval to the BOCC for the proposed Code Amendments. ATTACEIIMENTS: A. BOCC Resolution No. 20-2014: moratorium B. Planning consultant research C. Planning consultant Code re -write report D. Formal Code Amendments: Chapter l l Definitions E. Formal Code Amendments: Chapter 2, Review and Approval Procedures F. Formal Code Amendments: Chapter 4, Permitted Use G. Referral comments 4911 ATTACHMENT A 0.0we AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ESTABLISHING A TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE OF ANY AND ALL PERMITS THAT WOULD ALLOW FOR STRUCTURES THAT WOULD VIOLATE THE USE AND DIMENSION RESTRICTIONS OF THE RURAL AND REMOTE ZONE DISTRICT ORDINANCE NO. 1:1'70 - 2014 Recitals The Board of County Commissioners of Pitkin County, Colorado makes the following findings to support the adoption of a temporary moratorium in the Rural and Remote L Zone District: 1. Pitkin County has the authority to regulate the use and development of land pursuant to Colorado revised statutes: a. Ch. 28 of Title 30 (County Planning, Zoning and Subdivision); b. Ch. 65.1 of Title 24 (Areas and Activities of State Interest); C. Ch. 67 of Title 24 (Planned Unit Development Act); d. Ch. 20 of Title 29 (Local Government Land Use Control Enabling Act); e. Ch. I I of Title 30 (County Powers and Functions). 2. In connection with its regulation of the use of land, Pitkin County has the authority to enact a moratorium as part of its broad police and planning powers to advance the interests of the public health, safety and welfare. See Hermonson V. County of Fremont, 395 P.2d 694 (Colo. App. 1979); Dill v. Lincoln County, 928 P.2d 809 (Colo. App. 1996). 3. The Rural and Remote Zone District is currently being examined by the County Planning staff to produce a comprehensive regulation concerning special or temporary evcnts. The Rural and Remote Zone District represents a unique resource area within Pitkin County that is characterized by sensitive environmental habitat. 4. The moratorium is to allow time to conduct a comprehensive study of what appropriate zoning and development regulations should be imposed. This study shall examine what appropriate regulations should be approved in the moratorium area. The intent of the BOCC in enacting this moratorium is to allow sufficient time to enact appropriate zoning regulations. 0000,16 Ordinance No. dg -2014 Page 2 5. All other Pitkin County code provisions, including Iimitations on light and noise, shall remain in full force and effect. 6. There is an emergency that warrants the enactment of this ordinance and temporary moratorium. Failure to impose proper regulations will allow events and development to proceed, which may be out of character with the community and will negatively affect the cultural, environmental and neighborhood qualities of the moratorium area. It is anticipated by the Board of County Commissioners that an appropriate analysis of the area and adoption of necessary zoning regulations can be accomplished within nine (9) months. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that a temporary moratorium is hereby enacted subject to the following terms, provisions and exceptions: 1. The Community Development Department, Building Division and all other County departments, agencies and Boards are prohibited from the issuance of any and all permits that would allow for structures, temporary, permanent or of any kind that would violate the use and dimension restrictions of the Rural and Remote Zone District. 2. The following shall be exempt from the application of this moratorium: a. One half of existing square footage is exempt in the calculation of total allowed square footage for the purposes of this moratorium. This provision shall not be construed to allow additional permanent square footage. b. Any structures associated with an application for a special event or temporary commercial use permit that has been approved. C. Property owned by John Wilcox located in the Castle Creek valley for the conduct of a wedding on June 28, 2014, for temporary structures in the nature of tents not to exceed 2,500 square feet. 3. This temporary moratorium is effective immediately upon adoption pursuant to C.R.S. § 3-15-405 as it is necessary for the immediate preservation of the public health and safety of the citizens of Pitkin County. 4. Any property owner who wishes to appeal the application of this moratorium to their property or plans for development, may appeal directly to the Board of County Commissioners pursuant to Section 2-20-180 of the Pitkin County Land Use Code. 5. Any property owner who contends that this temporary moratorium constitutes a taking of private property without just compensation in violation of the 00001L) + Ordinance No. 994 -2014 Page 3 United States and/or Colorado constitutions, shall, as a prerequisite to judicial action, request a taking determination pursuant to Section 240-150 of the Pitkin County Land Use Code. 6. This moratorium shall remain in effect for nine (9) months, until March 18, 2015. INTRODUCED AND ADOPTED AT A SPECIAL MEETING ON JUNE 18, 2014 AND SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON JULY 9, 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON JUNE 26, 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON JUNE 27, 2014. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON JULY 9, 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON /7- / 7 2014. POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.asnennitkin.com) ON THE — / tt 2014. THIS ORDINANCE IS EFFECTIVE JUNE 18, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanea Jones Robert A. Inner, Jr., ChainnaA Depu . Clerk V Date: Z /L PITKTN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT GZd1") Cindy Houben, Director �Na Ordinance No. ®°�Q - 2014 Page 4 APPROVED AS TO FORM: John M Ctmcy Jon Peacock County Manager 000009 ATTACHMENT PITKIN COUNTY"S SPECIAL EVENTS REGULATIONS SUMMARY OF RESEARCH ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 920-1125 SEPTEMBER, 2014 0000io Purposes of this Report Pitkin County adopted Ordinance 20-2014 placing a moratorium on the issuance of "any and all permits that would allow for structures, temporary, permanent or of any kind that would violate the use and dimension restrictions of the Rural and Remote Zone District". The moratorium was enacted following a private wedding that took place in the Rural and Remote Zone District that was found to have significant on-site and off-site impacts that were outside of the scope of the adopted provisions of the Land Use Code. The moratorium was therefore enacted to provide the County with an opportunity "to produce a comprehensive regulation concerning special or temporary events". Following the enactment of the moratorium, the County entered into a contract with Alan Richman Planning Services, Inc. (the Consultant) to conduct research on how other rural/resort counties have addressed special events/temporary uses to see what could be learned from their experiences. Based on that research, the Consultant was asked to identify regulatory options the County might consider not just for the Rural and Remote District, but also for how special events might be regulated countywide. Following a public review of those options the Consultant will then draft new regulations and present that draft to the Board of County Commissioners for their consideration. This report represents the first product of this project. The report contains a summary of the research findings made to date. Based on those findings, the report identifies a set of policy decisions the County needs to make to allow the regulations to be drafted. Before presenting the research findings, it would first be useful to summarize Pitkin County's adopted regulations and procedures governing special events, to provide a benchmark from which to understand this topic. Overview of Adopted County Regulations Table 4-1 of the Pitkin County Land Use Code lists the allowed, special review and master plan uses in the various zone districts in the County. "Temporary Commercial Use" is an allowed use in all of the County's zone districts, including the Rural and Remote zone district (except the use is listed as a master plan use in the Ski-Rec. and Public -Institutional zones). Table 4-1 also indicates that use specific regulations for Temporary Commercial Uses can be found in Sec. 4-30-050 (i). The use specific regulations state that "The temporary commercial use and occupancy of public or private land and/or roadways for commercial activities or special events requires the issuance of a Temporary Use Permit". A fund raising or non-commercial event for a non-profit organization does not require a temporary use permit if the event occurs entirely on private property that is the organization's permanent facility, is limited to a single day, and occurs not more than twice per calendar year. Pitkin County's Special Event Regulations - Summary of Research Page 1 000011 This section also provides that a Temporary Use Permit may be issued through the Administrative Review Process if the use complies with the following standards: 1. Temporary structures built or placed on the premises shall conform to County building codes and other County regulations. 2. All applications shall make adequate provision for: a. Public parking; b. Site setup, maintenance and clean up; C. Public safety; and d. Availability of emergency services. 3. Low impact photo/movie film productions may occur without a permit if limited to no more than 5 vehicles/15 people/3 days in length. All staging for the production must occur on private property. Parking on public roads is prohibited. Parking on private roads is permitted if a 16' wide emergency access is maintained. If any of the above standards cannot be met, then the applicant must obtain a Temporary Use Permit. Helicopters cannot be used for filming unless approved for use by the Board of County Commissioners. The Consultant's reading of the County's temporary use regulations is that they represent a "bare -bones" approach that does not address the following key issues: • Applicability. It is somewhat unclear as to whether the regulations apply to non- commercial events. While fund raising or non-commercial events on the home property of a non-profit organization are excluded from the permit requirement, other non-commercial events (such as weddings or other private functions) are not expressly addressed (although they have been excluded in practice). Standards. The temporary use regulations do not provide specific standards for evaluating an application. They do require "adequate provision" for items such as parking and public safety" but offer no quantitative or qualitative standards to judge the adequacy of the proposal. Moreover, the regulations do not expressly address many other basic issues (noise, lighting, fireworks, sanitation, solid waste disposal, etc.) that often arise in permitting special events. • Scale and Location. The regulations do not differentiate between small and large events, nor do they differentiate between events occurring close to Aspen or Snowmass Village versus those that might occur in a remote location. The regulations don't provide any guidance as to how to address the location in which the event will occur, number of persons anticipated to attend, number of vehicle trips that will be generated, or duration and timing of event. Each of these factors is important to consider in determining how best to regulate a special event. Pitkin County's Special Event Regulations - Summary of Research Page 2 00001 Despite the fact that the County's regulations are relatively limited, its special events permitting process is quite robust. The County currently processes about 35-40 special event permits per year, which is about double the number of permit applications it processed just a decade ago. Those permits range from small photo shoots and local running/biking/Nordic ski races all the way up to nationally recognized events such as the X Games, the USA Pro Challenge bicycle race and feature motion picture filming. The City of Aspen, Pitkin County and Town of Snowmass Village maintain a web site (http://specialevents.asi2enl2itkin.coml which serves as a portal for applicants to submit their permit application and a place where the status of current and prior permit applications can be determined. For each event the agencies to which the permit has been referred are listed. The referral agency can submit its comments via the site, helping to coordinate responses. Staff reports that the web site works well for the larger events but sometimes can be a bit overwhelming for an organizer of a smaller event to utilize. Summary of Research Findings The Consultant conducted research into the special events regulations adopted by other resort and rural counties. On-line searches were conducted to examine the regulations adopted by various western communities. In total, the Consultant reviewed and evaluated code provisions adopted by 15-20 jurisdictions. Some of these communities were targeted as a result of an inquiry that County staff made with the Planning Advisory Service (PAS), a research service run by the American Planning Association. PAS provided the County with on-line links to a number of jurisdictions, some of which the Consultant had already researched and some of which were new sources. Following is a list of the communities whose regulations were reviewed in detail: Colorado Counties/Towns Eagle County Gunnison County La Plata County Larimer County Town of Snowmass Village San Miguel County Summit County Counties in Other States Cache County, UT Napa County, CA Santa Barbara County, CA Santa Fe County, NM Sonoma County, CA Summit County, UT Teton County, WY The codes from two additional communities (Blaine County, ID and Monroe County, FL) were also examined, but no provisions addressing special events could be found. PAS provided a brief cover memo summarizing the results of the research they had conducted. Following are the comments they offered, which provide an excellent jumping-off point for organizing the research results and which explain the reasons that communities have adopted these types of regulations. Pitkin County's Special Event Regulations - Summary of Research Page 3 004®43 "Generally speaking, communities regulate special events by requiring an event organizer to obtain a temporary use or special use permit. The permitting process alerts the local government to the upcoming event, provides for coordination when local services or approvals are required and requires compliance with conditions or performance standards to ensure that events are safe and positive experiences for both those attending the events and residents within the community, Communities commonly define and regulate special events as temporary uses in their zoning or development codes, but may also adopt a stand-alone chapter for these uses or place these regulations in the business or license section of the code. Ordinance provisions typically specify what types of events require a permit and which are exempt from permit requirements, provide information on the permit application and approval process, and list conditions or performance standards for special events. Typically, a special event is defined as a planned gathering at a specified location open to the public where entertainment -related events take place. Most communities exempt from permit requirements private gatherings, such as weddings or private parties at residences, and may exempt other events held by nonprofit organizations (such as churches) or those that fall below a certain size threshold (which can vary, examples below range from 50 to 300 people). Performance standards vary greatly among communities, but typically address issues such as traffic management and parking, the provision of adequate sanitation and other services, and general safety; in many cases the planning director or other approving body is authorized to impose any additional conditions that may be required for safety or public welfare." Table 1, on the following page provides a summary of some of the findings the Consultant made based on the research conducted. It summarizes the special event regulations adopted by 11 western counties, focusing on the following four issues: 1. What is the threshold (persons attending or vehicles anticipated) used by communities to define when a special events permit must be obtained? 2. Who is the permit issued by? 3. What types of events are typically exempted from the requirement to obtain a special events permit? 4. What special or unique regulatory provisions have other communities adopted that may be pertinent to Pitkin County? With respect to the threshold of applicability, we found (as did PAS) that the minimum number varies widely. La Plata County, CO (Durango) and Napa County, CA (wine country) have set a minimum threshold of just 50 persons (or just 25 vehicles per day in La Plata County). A more common threshold falls in the 200 to 300 person range in places like Gunnison County, CO, Larimer County, CO (Fort Collins), San Miguel County, CO (Telluride) and Summit County, LIT (Park City). Eagle County, CO had the highest trigger point, with a 500 person threshold for its "mass gatherings" regulations. Pitkin County's Special Event Regulations - Summary of Research Page 4 Table 1 Pitkin County's Special Event Regulations — Summary of Research Page 5 0000, 5 In virtually every regulation we examined, the special events process was administered at the staff level, with submission to and processing by the Planning Office or Community Development Department. San Miguel County was the only jurisdiction where the BOCC issues the permit, but this is likely because the permit applies only to "music or other festivals" which tend to be larger events. It was somewhat surprising to find that only Eagle County and Gunnison County had a formal process for referring complex permits to the Board of County Commissioners. In the former case referral occurs when an objection to the permit is received while in the latter case referral occurs if the duration of the permit exceeds the County's 10 day special events limit. All of the regulations we examined excluded certain types of events from the permit process (except for Eagle County which has a relatively high minimum attendance threshold making the exemption clause somewhat of a moot issue). The most common type of exemption is for events that take place at a facility that is approved for assembly or gatherings, such as a fairgrounds, stadium/arena, or place of worship. The second most common type of exemption is for weddings and funerals and other private events that are held at a private residence. Some communities limit the applicability of their permit requirements solely to commercial activities, thereby excluding all private, non- commercial events from the permitting process. Following are some special or unique provisions used by other communities that might prove to be applicable to Pitkin County: Venue Properties. Two counties (Gunnison and La Plata) look at the frequency with which a site is being used for a special event. Gunnison County requires that if a site is "frequently" used for weddings, it must apply for a permit as a commercial site, not for a temporary use permit. La Plata County limits any site to 3 temporary use permits per year. This type of limitation is one way of addressing an issue that has been emerging in Pitkin County, this being venue properties" that are used several times per year for various special events and could to be treated as a commercial use, not a temporary use. Duration. La Plata County limits site setup to no more than 48 hours prior to the event. This type of standard ensures that neighbors to the event will not have to endure an extended period of site preparation, as was the case with the recent wedding in the Rural and Remote zone district. This standard also provides an indication that an event that requires a considerable level of infrastructure to be imported into a rural or remote area on a temporary basis might not be permitted. User Manual. While several communities use elaborate temporary event permit application forms, Napa County has created the most thorough set of documents with its "Temporary Events Manual". The manual includes a detailed application form, flow charts describing the permitting process, and a 7 page table that lists the standards that apply to each category of temporary use permit. Pitkin County's Special Event Regulations - Summary of Research Page G Table 2, below, summarizes the conditions or performance standards that appear most commonly in the regulations we researched, which provide guidance as to the typical kinds of standards that Pitkin County might consider for inclusion in its regulations. TABLE 2 Issue Addressed Examples of Typical Performance Standards Water Supply Provide an adequate and safe supply of potable water that complies with applicable County & State regulations. Sewage Disposal/Toilets Provide a minimum of 1 toilet per 25 persons; toilets shall be ADA accessible; provide separate toilets for males and females Solid Waste/Recycling A sanitary method of collecting and disposing of solid waste shall be provided. Separate containers shall be provided for recyclable materials. Provide a minimum of 3 trash receptacles and 3 well -labeled recycling receptacles per 100 attendees; disperse receptacles throughout the premises. Outdoor trash receptacles ` shall be bear proof. All special events larger than 75 nests shall utilize zero waste strategies. Emergency Services First aid and other emergency services shall be provided on-site. Two certif=ied EMT's and 1 ambulance shall be provided for an event with 500 persons, with one added EMT per each added 500 persons. An enclosed treatment structure shall be provided. Communications Adequate facilities shall be provided for communications with hospital, 2olice and fire services. On -Site Security Law enforcement or private security personnel shall be provided at the ratio of 1 per 100 attendees. The Sheriff may require that law enforcement personnel be on-site, at the applicant's expense. A crowd control fence enclosing the site with gates that allow for emergency access shall be provided if required by the Sheriff. Fire Safety The event (including structures, access, etc.) shall comply with all applicable codes of the local fire district. Any fireworks displays or temporary tents shall require a permit that is obtained from the local fire district. Parking A plan for on- or off-site parking shall be provided. Shuttle service shall be provided when off-site parking is proposed. A parking area shall be provided on-site with a sufficient number of parking spaces and adequate access routes to each space for the maximum number of attendees. Entrance and exit locations shall have adequate sight distances. Off-street parking shall [_comply with the County's parking standards. Pitkin County's Special Event Regulations - Summary of Research Page 7 00001 } TABLE 2 Issue Addressed Examples of Typical Performance Standards Traffic Control The applicant shall provide a plan showing access routes to be used, location of traffic monitors and signs, parking areas, shuttle and pedestrian routes. Traffic monitors shall be provided to direct traffic at all points of ingress and egress. The applicant may be required to post signs, hand out fliers door-to-door or take out an ad in a local newspaper or radio if traffic is expected to impact the residents of the area. Noise The event shall comply with County noise standards. Noise that is incompatible with the surrounding area shall be prohibited. No exterior amplifiers, speakers or similar equipment shall be permitted outside of the temporary buildings, structures or tents on the site. Lighting Lighting sources shall be directed inward, downward, away from adjacent properties; lighting shall not shine or reflect unreasonably beyond the boundaries of the event. For events at night, the entire area of assembly shall be illuminated at the rate of at least 5 foot candles. Dust Control The applicant must provide for appropriate dust mitigation. The applicant shall apply water to unpaved parking areas at least twice a day so as to mitigate dust. Hours of Operation/ The event shall be limited to _ AM to _ PM. The event Duration of Event shall not continue more than _ consecutive days unless otherwise specified in the permit. Food and Liquor Service Food and liquor service licenses shall be obtained. Insurance and The applicant shall demonstrate that a general liability indemnification policy in the following amount ($____) is in effect for the duration of the event. The applicant shall execute an indemnification agreement with the governing jurisdiction. Legality of Structures Buiidings/structures used in the event shall either have been built with a building permit or shall have obtained a temporary or final certificate of occupancy. Cleanup/Removal of The grounds shall be maintained during each day of the Structures/Site Restoration event. All trash, refuse, structures and other materials shall be removed within_ hours/days after the event. Applicant small submit a band, damage/cleanup deposit or other guarantee to provide that the site is restored to its former condition and any damages are repaired. Applicant shall submit an irrevocable letter of credit, bond or cash retainer of $_ per acre to cover grading, site restoration, removal of structures and cleanu . Pitkin County's Special Event Regulations — Summary of Research Page 8 000018 Identification of Key issues to Address in the Revised Regulations Considering all of the above information, there are a number of issues that the Board of County Commissioners needs to discuss before we proceed to the next step in this process, which is the preparation of an outline and text of the revised special events regulations. Following are the issues on which we need policy direction so we can proceed to that next step: What will be the scope of the new regulations? There are at least two ways that the County could move forward in formulating new special events regulations. One approach would be to adopt new provisions solely for special events in the Rural and Remote zone district. This kind of approach would examine the purposes of the Rural and Remote Zone District (which include protection of natural resources, preservation of backcountry character, and limited recreational and residential development), along with the uses allowed and the dimensional limitations imposed in this zone (1,000 square foot floor area and footprint limit). It would then try to balance those adopted provisions with the types of special events that the County has experienced in the backcountry area and formulate appropriate limitations on the type, intensity and duration of temporary activities that may be permitted there. Another would be to revise the County's temporary use regulations, which apply to events throughout the County. The reason for taking this type of approach is that our evaluation of those regulations has found some significant gaps in the adopted Code. While the special events permitting process appears to have been functioning quite effectively for the vast majority of events throughout the County, this has been occurring despite the fact that the Land Use Code provides only limited guidance as to the types of events that require permits and does not list the specific standards that will apply to such events. The Land Use Code only requires applicants to "make adequate provision" for concerns such as parking, site setup, public safety and emergency services. From a practical standpoint, this means that applicants must demonstrate to the Planning staff and the applicable referral agencies (fire district, sheriff, environmental health, building, etc.) that the standards enforced by those agencies (that is, the health, building, fire and other codes, etc.) will be satisfied. The Consultant and staff believe that this process could be more effective if the County put applicants on notice in the Land Use Code as to what types of events do and don't require a permit and what standards will be applied to the permit review. So we suggest that the scope of this effort be to revise the temporary use regulations countywide. If you agree with this suggestion, then the regulations could be drafted as a uniform set of standards and procedures that apply countywide. If you prefer, the regulations could be written in the form of specified standards and procedures that apply countywide combined with distinct provisions written specifically for: Pitkin County's Special Event Regulations - Summary of Research Page 9 (a) The Rural and Remote zone district; (b) Individual zone districts or caucus areas; and/or (c) The Urban Growth Boundary and the Rural Area. We believe that the regulations can be effectively written using either of these approaches (or a combination of these approaches) and seek your direction as to which method you would prefer for the special events regulations. 2. Should the County's special event regulations include one or more minimum thresholds beyond which the event would require a permit? if so, what threshold(s) should be used? Should certain types of events be exempt from the permit requirement, regardless of the number of persons that attend the event? The research we have conducted demonstrates that a minimum attendance threshold is the most common measure used by counties to determine whether a special event requires a permit. The typical threshold is the number of persons anticipated to attend, although in some instances the number of expected vehicles is used. Most counties apply the minimum threshold in combination with specified exemptions to determine which types of events require a permit. If a minimum attendance threshold were included in this regulation then the County will need to choose a number for that threshold. There are a couple of ways that we could go about arriving at that number. One approach would be to review the County's adopted health, fire, and building codes to see if those documents contain thresholds for when certain types of group assemblies require a permit to be obtained, and if so, we could carry that threshold over to the Land Use Code. Another approach would be to pose this question to the County's caucuses to arrive at a consensus standard (or instead have caucus -specific thresholds for different portions of the County). Another way to look at this question would be to ask, what are the characteristics of a special event that the County could use to classify events into different categories? Table 3, below, includes the following characteristics that could be used to classify whether an event would be exempt from getting a permit, must obtain an administrative permit, or must obtain a special use permit: • Number of attendees; • Type of event (charitable, private, or commercial); • Duration of event; • Size of any proposed tents or structures; • Presence of amplified music or fireworks; • Use of helicopters; and • Whether the sheriff requires an incident command center to be convened to oversee the event. Pitkin County's Special Event Regulations - Summary of Research Page 10 TABLE 3 POTENTIAL CLASSIFICATION OF SPECIAL EVENTS Characteristics Permit Not Administrative Special Review Required Permit Required Approval Required Number of Up to _ More than _ but less More than _ Attendees than Type of Event Charitable: on the Charitable: off the charity's property. charity's property. Private: on the Private: off the organizer's property. organizer's property. Commercial event. Commercial event. Duration of Event Not applicable 1 day More than da Size of Proposed Up to _ sq. ft. More than _ sq. ft. More than _ sq. ft. Structures/Tents but less than sq. ft. Amplified Music Within a permanent Within a temporary Outside building. buildinq or tent. Fireworks None Yes Yes Helicopters None None 1 or more Incident Command No Yes Yes Center Convened? I I I Note: If an event has any single characteristic that would place it into the next higher type of permit category then it shall require that type of permit. So, an event that does not require a permit due to its number of attendees and single day duration but which would erect more than sq. ft. in structures/tents would require an administrative permit. As you consider this table, we would ask you to think about whether these characteristics represent an effective way of classifying special events in the County. If so, would you add any characteristics to this classification system or delete any of the ones we have listed in the table? We would also ask you to consider the following three fundamental questions: A. Should events run by a non-profit organization on its home property be exempt, regardless of the number of attendees? B. Should private events (weddings, receptions, etc.) taking place on the organizer's property be exempt, regardless of the number of attendees? C. Should all private events (regardless of their size and where they take place) be exempt? Are there any other events you feel should be exempt regardless of the size of the event and where it takes place? We want to remind everyone when looking at Table 3, the point of this classification system would NOT be to say "your event cannot have fireworks or amplified music" or "your event can't have more than number of attendees. The point of this approach is Pitkin County's Special Event Regulations -- Summary of Research Page 11 00aor211 to say, if your event exceeds certain thresholds, then you need to get a permit, which allows the appropriate public agencies to review your event and ensure that it is organized in a safe manner, is respectful of the neighborhood, and does not cause an unacceptable level of impact on the community. A final point to consider is that when applying an approach like this, which attempts to quantify a series of variables to determine whether or not a permit is required, we may also want to give some authority to the staff to make judgment calls in applying the thresholds. Doing so would provide some discretion to staff to consider the type of event proposed, its location, the kinds of impacts it is expected to generate and similar factors in determining whether a permit is required and whether that permit needs a public versus an administrative review process. 3. Should a limit be placed on the number of times a property can obtain a temporary use permit in a calendar year? !f so, then should a new use category be established for "special event venues", with appropriate use -specific review standards? The County staff has recognized that certain properties have a history of being used for special events on multiple occasions throughout the year. A property with an unusually large barn, such as Chaparral, is a place where special events may occur more than once a year. Similarly, the property in Little Annie Basin where the wedding was held has been used for photo shoots and other events from time to time. Several other communities look at properties like this and conclude that if the special event use is regular and routine, then the property should be required to obtain a special use permit or a commercial use permit for that use, rather than continuing to treat the events on a case-by-case basis. The County Code does not currently have a use category for this type of activity (the closest such use might be "Meeting Hall or Conference Center", which is a use requiring special review in the AR -10, RS -20, RS -30 and RS -35 zone districts. Therefore, if an approach like this were to be adopted, it would likely require the establishment of a new use category known as "special event venue, with use -specific review standards to address the impacts from this type of use. 4. Should some form of public notice be given to neighbors for certain types of special events? The Land Use Code currently provides that uses and activities that are subject to special review require public notice to neighbors within 300' of the subject property. So if the County were to decide that special events beyond a certain threshold should be regulated as special review uses, and if the County were to adopt a new "special event venue" use category and require those properties to go through special review, then public notice would be given for those particular activities. Pitkin County's Special Event Regulations - Summary of Research Page 12 0000,2 This still leaves un -answered whether the Board would want notice given for some or all of the events that go through the administrative permitting process. Currently no such notice is given. For many of these events, which do not necessarily take place at a site but instead involve a race along a course, mailed notice to neighbors within 300' might not be practical or particularly effective. The staff does routinely refer such permits to the applicable Caucus and to organized neighborhood groups, which is an appropriate way to get local input prior to the issuance of a permit and is preferable to requiring notice be given to neighbors within a specified distance. In addition, we would suggest that the Code should give authority to staff to place a condition on permits it issues to require the organizer to post signs, hand out fliers door-to-door, take out ads in the local media, or otherwise adequately inform neighbors about an upcoming event that is expected to add significant traffic to local roads or that will involve amplified outdoor noise, fireworks or similarly disruptive activities. Conclusion This report presents the results of the research we have conducted regarding special events regulations in other western/rural counties. The report describes how other communities regulate such events and identifies provisions that could be applied in Pitkin County. It also puts forth a series of policy questions for the Board of County Commissioners to decide and some alternative approaches to revising the County's special events regulations. As you consider these options you may want to think about combining the best elements of the various approaches, rather than making an "either- or decision" regarding these options. For example, a combination approach that staff has identified which is worthy of your consideration would be to: (a) Establish absolute limits for special events in the Rural and Remote zone district (limiting the number of attendees an event can have, the duration of the event, the frequency of the use of the venue, and the overall number of events allowed in that area or neighborhood); and (b) Use the approach suggested in Table 3 for the rest of the County, with one set of thresholds for the Urban Area and a different set of thresholds for the Rural Area. We look forward to reviewing this report with the Board in a work session scheduled for September 23, 2014 and receiving your direction so we can proceed to the next step of outlining and drafting the proposed regulations. Pitkin County's Special Event Regulations - Summary of Research Page 13 0000�';j TABLE 1 — COMPARISON OF SPECIAL EVENTS REGULATIONS IN 11 WESTERN COUNTIES Min. 'threshold When Permit Is Types of Events That Do NOT Special/Unique Permit is Required Issued B Require a Permit Provisions Eagle County, CO 500 persons. Staff No exclusions stated. Permit referred to BOCC if objection is received. Gunnison County, CO 200 persons or 50 Staff Event at private residence. If events are conducted vehicles. Weddings and funerals. frequently at a site it If site is an event facili . must get comm'I permit. La Plata County, CO 50 persons or 25 Staff Wedding, funeral, or similar Site limit of 3 permits/yr. vehicles per day; or if event at a private residence. Setup shall begin no event is found to cause more than 48 hours prior significant impacts. to the event. Notice to within 500'. _ Larimer County, CO --neighbors Event at stadium, place of 300 persons. Staff worshi , athletic field, etc. San Miguel County, CO 200 persons. BOCC Regulation only applies to "music or other festivals". _ M Summit County, CO None stated. Staff Weddings are excluded. Applies to "commercial events". Napa County, CA 50 persons. Staff Event at a permanent building County has created a or installation for such events. 'Temp. Events Manual". Santa Barbara County, None stated_ Staff Public assembly events in CA permanent buildings or on public property. Event found to have no direct or indirect adverse impacts. Santa Fe County, NM None stated. Staff Non-commercial events do not Places limits on duration require a permit. of the event and maximum # per year. Sonoma County, CA 50 persons on a road. Staff Only applies to road events. Summit County, UT 300 persons at a site or Staff Event at stadium, place or 100 persons on a road. worship, athletic field, etc. Neighborhood block parties, weddings and other "local non- commercial events". 00042;4 ATTACHMENT \, PROPOSED SPECIAL EVENTS REGULATIONS Part 1. Sec. 11-10, Definitions Comment: Today, the Land Use Code contains three definitions that pertain to temporary uses or special events. Two of those definitions "Temporary Commercial Uses" and "Temporary Commercial Use/Special Event" are nearly identical. The third definition is for "Temporary Uses". The following changes to the definitions section are proposed: a. Repeal current definitions of `Temporary Commercial Uses" and "Temporary Commercial Use/Special Event". Replace with a new definition for "Special Events" b. Repeal the current definition of "Temporary Uses". Replace with a new definition for "Temporary Land Uses and Activities". C. Create a new definition for "Special Events Venue". Following is the proposed language for these three new definitions: SPECIAL EVENT means an organized event or a group activity at one or more specified locations which takes place over a single day or several consecutive days at which a group of persons may gather, with or without the payment of an admission charge. A special event that: (a) takes place at a property or in a building or structure that has received a special review use permit authorizing that type of event (such as a special events venue); (b) occurs as part of the day-to-day operation of a school, religious center, community center, athletic field or similar building/structure or site that was constructed and is primarily used for public assembly; or (c) is authorized in a ski area or public/institutional master plan, shall not require a special events permit. Special events include, but are not limited to: Athletic events, including organized races and competitive group activities; Entertainment events, including a concert, carnival, festival, or fair; Fund raiser; Trade show; and Wedding, block party, neighborhood gathering or similar type of group celebration. Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 1 0000{. TEMPORARY LAND USES AND ACTIVITIES means a use that is established for a limited duration of time with the intent to discontinue the use at the end of that time period so the use does not become a permanent land use or activity. By way of example, temporary land uses and activities: A. May be required during the construction phase of development (such as a construction trailer); or B. May be uniquely seasonal in nature (such as a farm stand, holiday tree stand or farmer's market). Filming of a movie, television show, commercial or promotional spot and still photo shoots are also considered to be temporary Iand uses and activities. SPECIAL EVENTS VENUE means a parcel of land, building or structure that has not otherwise been granted a land use approval to operate as a place of public assembly or for the conduct of special events but which is used or intended to be used for special events more than three (3) times during a calendar year. Part 2. Sec. 4-20, Permitted Use Table Comment: Section of Table 4-1 (the Use Table) lists "Temporary Commercial Use" and "Agricultural Stand" as Accessory and Temporary Uses. These two uses would be repealed and replaced with three new uses: "Temporary Land Uses and Activities'; "Special Events" and "Special Events Venue". • Temporary Land Use and Activities would be classified as an Allowed Use (A) in all zones except the SKI-REC and PI zones where it would be classified as a Master Plan Use (M). The last column of the Use Table "Use Specific Standards" would refer the reader to Sec. 4-30-50 (b), where the standards for Temporary Land Uses and Activities would be stated, (see Part 5, below). • Special Events would be classified as an Allowed Use (A) in all zones except the SKI-REC and PI zones where it would be classified as a Master Plan Use (M). The last column of the Use Table, "Use Specific Standards", would refer the reader to Sec. 4-30-50 (i), where the standards for Special Events would be stated (see Part 3, below). Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 2 000016 • Special Events Venue would be classified as a Prohibited Use in the following zones: RS -G, RR, RS -160, RS -35, LIR-35, TR -1, TR -2, AR -2, R-30, R-15, R - 15A, R-1513, R-6, VR, MHP, and AH/AH PUD. Special Events Venue would be classified as a Special Review Use (S) in the RS -30, RS -20, AR -10, B-1, B-2, VC and T zones and would be classified as a Master Plan Use (M) in the SKI-REC and PI zones. Special Events Venue would also be Iisted as a Special Review Use for the Commercial Agricultural Development option in Sec. 3-70-40 (c) (2), CD -PUD. The last column of the Use Table, use specific standards, would refer the reader to Sec. 4-30-50 (n), where the standards for Special Events Venue would be stated, (see Part 4, below). Part 3. Sec. 4-30-50 (i), Use Specific Standards for Special Events Comment: Today, this section contains the standards for Temporary Commercial Use/ Special Events. These standards would be repealed and replaced as follows: (i) Special Events (1) Purposes. These standards are intended to govern the time, place and manner in which special events may be conducted on county roads, county property or private property. These standards are necessary to ensure that an event's demands for health, fire, police, transportation, and other public facilities and services do not exceed the level of service that is normally provided in that area of the county and that the event does not create undesirable impacts on the residents of that area of the county. Specifically, the purposes of these standards are to ensure that special events: (a) Are conducted in a safe and orderly manner by requiring adequate provision of access, parking, sanitary facilities, utilities and security, ensuring the structural integrity and safety of temporary facilities, and requiring appropriate guarantees for site cleanup and restoration; (b) Are reasonably suitable for the neighborhood, considering the duration and intensity of the proposed special event, and will minimize any significant impacts of the event on surrounding Iandowners, residents and businesses; and (c) Do not create public disturbances or become public nuisances, endanger life, health or public safety, disrupt traffic, or threaten or damage public or private property. Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 3 ' 00OOr�r" (d) These standards are also intended to ensure that the organizers and sponsors of special events coordinate with governmental agencies and neighbors well in advance of the date the event will be held and accommodate the requirements of those agencies and the concerns of neighbors in planning for and conducting the event. (2) Applicability/Permit Required (a) These standards shall apply to any special event proposed to occur on public or private property in those zone districts where special events are listed as allowed uses or master plan uses in Table 4-1. (b) Conduct of a special event shall require a special event permit which shall be obtained from the Community Development Department. (c) An application for a special event permit shall be processed as an administrative review, as described in Sec. 2-30-20. This shall authorize the Community Development Director to approve, approve with conditions, or deny the application, as specified in Sec. 2-30-20 (f) or to refer the application to a higher body, as specked in Sec. 2-30-20 (i). (d) The application for a special event may be classified by the Community Development Director as requiring no permit, a minor permit or a major permit. The Community Development Director shall utilize Table _, Table _ or Table _, as applicable, as a guide in determining how to classify the special event application. The Director is also authorized to utilize his or her administrative discretion and professional judgment in making this determination. (e) An application that is classified as a major event shall require the County's Special Events Committee to convene to review the permit request. The applicant shall be invited to appear before said Committee when it conducts that review. (f) If a special event is anticipated to occur annually, or on a periodic basis, the applicant may request a multiple -event special event permit, which may authorize the special event for up to three (3) years. Multiple -event special event permits shall require the applicant to notify the Community Development Department at Ieast ninety (90) days prior to each event to identify the date and location of the event and any changes in the nature, size, or activities to be conducted since the preceding event covered by the permit. If proof of insurance coverage was required for previous Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 4 X111 26 approvals, the applicant shall submit updated evidence of insurance coverage for the dates of the upcoming event. If the Community Development Department determines that the changes in the event were not anticipated or covered by the existing permit, and could have unanticipated adverse impacts on surrounding properties or traffic on County rights-of-way, or the event has not complied with provision of previous approval(s) the permit may be revoked and/or the Department may require that the applicant apply for and receive a new special events permit or modify the event to avoid the unanticipated adverse impacts. (3) Review Standards. The following standards provide an overall checklist for the applicant and County staff to use in preparing and reviewing a permit application. The County staff is hereby authorized to determine which of these standards should apply to the application, based on the type, scale and location of special event that the applicant is proposing. (a) Water Supply. The applicant shall provide an adequate and safe supply of potable water that complies with the requirements set forth by the Colorado Department of Public Health and Environment and the County Environmental Health Department. (b) Sewage Disposal/Toilets. The applicant shall provide a minimum of 1 toilet per 25 persons anticipated to attend the event, conveniently dispersed throughout the event grounds, with separately -enclosed toilets provided for males and females. The greater of five percent (5%) of those toilets or 1 toilet per each cluster of toilet facilities, shall be ADA accessible. An adequate number of hand washing stations shall be provided. All portable toilets shall be removed immediately following the conclusion of the event. Alternative: The applicant shall provide an adequate number of portable toilets, including ADA accessible toilets, along with an adequate number of hand washing stations, as determined by the Environmental Health Department. Separately - enclosed toilets shall be provided for males and females. All portable toilets shall be removed immediately following the conclusion of the event. (c) Solid Waste/Recycling. A sanitary method of collecting and disposing of solid waste from the event shall be provided. A minimum of 3 trash receptacles and 3 well -labeled recycling receptacles per 100 attendees shall be provided. Receptacles shall be dispersed throughout the event area, including at all exit Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 5 0000;9 points. Provision shall be made to ensure receptacles are emptied when they become full. Outdoor trash receptacles and any on-site dumpsters used to collect trash shall have a latching mechanism making them bear proof. Trash and recyclable materials shall be removed from the site immediately following the conclusion of the event. Alternative: The applicant shall present to the Environmental Health Department a plan for the sanitary collection and disposal of solid waste from the event. The plan shall describe the number of trash receptacles and recycling receptacles that will be provided and the location of said receptacles. Provision shall be made to ensure receptacles are emptied when they become full. Outdoor trash receptacles and any on- site dumpsters used to collect trash shall have a latching mechanism making them bear proof. Trash and recyclable materials shall be removed from the site immediately following the conclusion of the event. (d) Safety/Emergency Services. The applicant shall provide a safety and operations plan that includes procedures for dealing with on-site medical emergencies and crowd control. The plan shall address the following elements: (i) First aid and other emergency services shall be provided on- site. The number of certified medical providers that shall be on-site and the required types of standby equipment that shall be available shall be determined by the Fire Marshal and the Sheriff. If necessary, an enclosed medical treatment structure shall be provided. (ii) Adequate infrastructure, as determined by the Sheriff, shall be provided on-site to allow for emergency communications with hospital, police and fire services. (iii) Adequate private security personnel, as determined by the Sheriff, shall be provided for crowd and traffic control at the event. The Sheriff shall have the authority to require that law enforcement personnel be on-site at the applicant's expense to monitor crowd control and to regulate traffic. The Sheriff may require that a crowd control fence enclosing the site, with gates that allow for emergency access/egress, be provided. (iv) The event (including structures, access, etc.) shall comply with all applicable building codes and fire district safety codes. Any fireworks displays or temporary tents shall require a permit issued by the appropriate County agency. All Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 6 000000 electrical cables, wires and equipment shall be covered, concealed, secured and/or located in such a manner that event participants will not be placed at risk. (e) Parking. The applicant shall provide a plan for on- or off-site parking facilities for the event. There shall be no parking permitted on County roads. (i) Shuttle service shall be provided before, during and after the event whenever off-site parking is proposed. Event organizers should provide advance notice encouraging event participants and event workersivolunteers to carpool to the event. The applicant shall demonstrate to the Community Development Director that the access roads between the site and the parking area are capable of handling the shuttles without adversely impacting the neighborhood. (ii) The parking area shall offer a sufficient number of parking spaces to accommodate the maximum number of attendees anticipated at the event. The applicant shall demonstrate to the Community Development Director that an appropriate number of entrance and exit locations will be provided and that those entries and exits offer adequate sight distances. Safe and efficient circulation routes shall be provided within the parking area. Signs may be allowed to direct participants to parking and other features of the event. (0 Traffic Control. The applicant shall provide a plan showing access routes to be used for the event, signs that will be used to direct traffic and whether persons will be employed to monitor and direct traffic at all points of ingress and egress and at other points around the event. Plans and routes to safely accommodate pedestrians shall also be provided. (i) The applicant may need to have tow trucks available on an "on-call" basis to remove vehicles that have parked illegally on County roads. (ii) Requests for full or partial closures of County roads shall be at the sole discretion of the Board of County Commissioners. (iii) The applicant may be required to post signs, hand out fliers door-to-door, or take out an ad in a local newspaper or radio if traffic is expected to significantly impact the residents of the area. (g) Noise. The event shall comply with all applicable County noise Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 7 000031 standards. Noise that is incompatible with the surrounding area shall be prohibited. No exterior amplifiers, speakers or similar equipment shall be permitted outside of the temporary buildings, structures or tents on the site unless specifically authorized by the permit. The permit may specify that any fireworks used shall be noiseless. (h) Lighting. Lighting sources shall be shielded and directed inward, downward, and away from adjacent properties to the maximum extent possible to ensure lighting does not shine or reflect unreasonably beyond the event's boundaries. For events held at night, the area of assembly and primary circulation routes shall be adequately illuminated to provide for safety of participants and safe egress from the site. (i). Dust Control. The applicant shall provide for appropriate dust control at the event site. The applicant shall apply water to unpaved parking areas and circulation routes at least twice a day so as to mitigate dust. The applicant shall also ensure there is adequate dust control during site setup and teardown, including controlling dust on any unpaved routes event personnel will use to access the site. 0) Time Limitations. (i) The special event permit shall specify the hours of operation for the event and shall specify the number of days a special event may be conducted. (ii) Set-up for an event in the Rural area or in the Rural and Remote zone district shall not be initiated more than 48 hours prior to the time the event is scheduled to begin. Set-up for an event in the Aspen or Basalt Urban Growth Boundary shall be initiated in conformance with the time limitations set forth in the permit for the event. (iii) Any temporary structures that were erected shall be removed from the property within 24 hours after the conclusion of the special event unless the permit specifies a more or less restrictive time limit. (k) Food and Liquor Service. If food and beverages, including liquor, will be sold or given to participants, then food service and liquor licenses shall be obtained, as required by the Colorado Department of Public Health and Environment and the Board of County Commissioners, respectively. The applicant shall coordinate with the Environmental Health Department if there is to be food service at the event and is responsible for satisfying all applicable health code and sanitation requirements. Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 8 000032 (1) Insurance and Indemnification. The applicant may be required to provide proof of general liability insurance for the duration of the event, with Pitkin County being named as an additionally insured, with two million dollars ($2,000,000) aggregate coverage and one -million dollars ($1,000,000) coverage for each occurrence, or provide a waiver of insurance approved by the County Attorney. The applicant may also be required to execute an agreement indemnifying, holding harmless and defending the County, its officers and employees against any claim for loss, damage or expense sustained by any person on account of injury, death, or property damage occurring due to or arising out of the special event. (m) Legality of Structures. Temporary build ingslstructures that are to be used in the event shall have undergone all required inspections by the Chief Building Official. Any permanent/buildings or structures that are to be used in the event shall have been built with a valid building permit or shall have obtained a temporary or final certificate of occupancy from the Chief Building Official. (n) Site Restoration. The grounds shall be maintained each day of an event. The applicant shall submit an irrevocable letter of credit, bond, damage/cleanup deposit or other cash guarantee, in an amount to be determined by the County. The guarantee shall cover site grading, restoration, removal of structures and cleanup to ensure the site is restored to its former condition and any damages are repaired. (4) Additional Standards Applicable to Particular Areas of the County Reserved, pending input from County Caucuses. (5) Violations and Penalties (a) Chapter 10 of the Land Use Code sets forth Pitkin County's procedures to address violations of land use approvals and the penalties that may be applied when enforcing the Code. The County staff is hereby authorized to apply those procedures and penalties to the enforcement of violations of a special events permit. (b) Representatives of the County's special events committee, including, but not limited to, the Community Development Director, Chief Building Official, Environmental Health Director, Sheriff and Fire Marshall (and their designees) are hereby granted the authority to enter onto the site of a special event during set-up, while the event is taking place, and when site clean-up and restoration is taking place. Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 9 Part 4. Sec. 4-30-50 (n), Use Specific Standards for Special Events Venue Comment. This would be a new section providing standards for this new type of use. (1) An applicant for a special events venue shall provide a plan for the proposed use describing the site on which the use would occur and how the venue would be operated. The plan shall, at a minimum, describe the following aspects of the proposed use: (a) Whether events would occur indoors, within a permanent structure, in temporary, tent -like structures, outdoors, or some combination of these approaches. The applicant shall describe whether any new structures will be built or existing structures will be expanded and provide drawings illustrating any such structures. (b) The number of events anticipated per calendar year, including the number of times per week or month that the venue would be operated. The times of day when events would take place shall also be specified. The maximum number of attendees at events shall be stated. (c) Whether employees will be hired to provide support services to the venue or if those services will be provided under contract by other businesses. (d) The plan shall also provide responses to the applicable review standards for special events that are listed in Sec. 4-30-50 (i). This shall include describing how the venue will provide an adequate water supply, properly dispose of sewage and solid waste, provide parking, and control impacts such as traffic, noise, lighting, dust and similar matters. (2) The applicant for a special event venue shall demonstrate that the proposal complies with the standards for special review uses listed in Sec. 2-30-30 (h) (2). (a) In its consideration of the standards for special review uses, the Board shall give particular consideration to the proximity of the proposed venue to surrounding residential areas and whether events that are proposed to occur at the venue would be consistent with the character of the neighborhood or would be disruptive to neighbors. This shall take into account whether the venue has a permanent structure in which events would take place, and the extent to which events would occur outside or in temporary, tent -like structures. This shall also consider whether the proposed events would have amplified music, fireworks, or similarly impactful activities that occur outside. Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 10 000034 Consideration shall also be given to the frequency of the events planned for the venue and the time of day when events would be scheduled. (b) The Board shall also consider any prior approvals that were granted to the structure or site to be used as a venue, including whether any limitations or conditions were placed on such prior approvals, and whether designation of the structure or site as a special events venue would be consistent or inconsistent with the representations made and the conditions imposed on those prior approvals. Part 5. Sec. 4-30-50 (b), Use Specific Standards for Temporary Land Uses and Activities. Comment. Section 4-30-50 (b) currently contains just the standards for agricultural stands. This section would be re -named so it addresses the standards for all temporary uses and activities. Section (b) (1) would contain the current standards for agricultural stands. Section (b) (2) would contain the current standards for Motion Picture Filming and Photo Shoots, which previously were found in Sec. 4-30-50 (j). Section (b) (3) would contain the current standards for other types of temporary land uses and activities, which previously were found in Sec. 2-30-20 (g) (11). (1) Agricultural Stand. Vendors are permitted to sell Colorado -grown agricultural or farm products subject to compliance with the standards in this section and approval of a temporary land use and activity permit pursuant Sec. 2-30-20. (a) The vendor shall have the permission of the owner of the property for use of the site for vending purposes. (b) The vending stand or vehicle shall be adequately set back from the adjacent road, shall not block any required access to or egress from the site, shall not disrupt vehicular or pedestrian circulation in the surrounding area, and shall not cause a traffic hazard or safety problem. In addition, an off-road parking area of sufficient size shall be provided to accommodate the anticipated number of customers. (c) The temporary structure, if any, shall comply with applicable adopted building codes and other County regulations. (d) Not more than two (2) vendors may be allocated a permit for any single location. Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 11 0000�ti) (e) A temporary land use permit for an agricultural stand shall not be issued for a period of more than five (5) months. (f) An agricultural stand operator may receive an unlimited number of temporary land use and activity permits; however when more than two (2) operators wish to use a given location during the same time period, preference shall be given to applicants in the order in which they apply. (g) Identification signs shall comply with the sign standards in Sec. 7-60-50. (2) Motion Picture Filming and Still Photo Shoots. An applicant may obtain a temporary land use and activities permit to film a movie, television show, commercial, or promotional spot or to conduct a still photo shoot if the following standards are met: (a) At least five (5) working days prior to the production, the applicant shall e- mail to the Community Development Department a brief description of the nature of the production, including dates, times and locations. If the standards of this Sec. 4-30-50 (b) (2) can be met, the Community Development Director will issue an acknowledgement of the applicant's e-mail and the production may proceed. If these standards cannot be met, the applicant may instead apply for a special event permit, pursuant to the standards and procedures set forth in Sec. 4-30-50 0). (b) The production shall be limited to no more than five (5) vehicles and a total of fifteen (15) people, including the actors/models and crew. (c) All staging for the production, including but not limited to, the equipment, actors/models, crew, vehicles and trailers, shall be located on private property. (d) There shall be no off-site impacts from the production. (e) There shall be no parking on public roads for the production. A minimum of sixteen feet (16') of emergency access shall be maintained on private roads at all times. (f) The applicant shall obtain all necessary federal/state permits and shall comply with the Pitkin County Code and applicable state and federal regulations. (g) Outdoor filming/photography shall last for no more than three (3) days and Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 12 000036 shall only occur between the hours of 7:00 AM to 7:00 PM or one (1) hour after sunset, whichever is later. These limits include the time necessary for set-up and take-down of the production. Indoor film inglphotography shall not be subject to these time limits. (h) The applicant may be required to provide proof of general liability insurance for the duration of the production, with Pitkin County being named as an additionally insured, with two million dollars ($2,000,000) aggregate coverage and one - million dollars ($1,000,000) coverage for each occurrence, or provide a waiver of insurance approved by the County Attorney. (i) The applicant shall comply with the following noise standards: 7:00 AM to 7:00 PM: 65 dB(A); and 7:00 PM to 7:00 AM: 55 dB(A). 0) A helicopter or drone shall not be used for filming unless the permit application has been referred to the Board of County Commissioners, which may authorize the use of helicopters at their discretion considering the following: (i) Whether the use of a helicopter or drone will result in a clear and demonstrable marketing benefit to the community; (ii) The helicopter or drone will be used for a live broadcast; (iii) The applicant shall demonstrate that the helicopter or drone will not cause detrimental impacts to wildlife; and (iv) Safety concerns shall be adequately addressed. (3) Other Temporary Land Uses and Activities. An application for other types of temporary land uses and activities may be approved if the Community Development Director determines that: (a) the applicant, or a member of the applicant's family, has not applied for a permit for the same or similar use or activity more than twice within the prior twelve (12) month period; and (b) the applicant will mitigate any significant adverse impacts that the use or activity will have on surrounding properties. The permit may impose conditions related to hours of operation, parking, lighting, signage or other matters to promote the public health, safety and welfare and to limit adverse impacts on surrounding properties. Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 13 a 0000, '# Part 6. Sec. 2-30-10, Review and Approval Procedures Summary Table Comment: Table 2-1 lists the review and approval procedures for all land use applications. In the Administrative Review section of the table, "Temporary Commercial Uses/Special Events" is listed as a review procedure. This procedure would remain in the Administrative Review section but be re -named as follows: Temporary Land Uses and Activities/Special Events Part 7. Sec. 2-30-20 (g) (11) and (g) (12), Administrative Review Criteria Comment., Section 2-30-20 (g) provides the review criteria for the various procedures listed in the Administrative Review section of Table 2-1. Sub -section (g) 11 addresses "Temporary Use, Other" while Sub -section (g) (12) addresses Temporary Commercial Uses/Special Events. Since the standards for review of these uses would be found in Sec. 4-30-50 (b) and Q), respectively, these two sections need only contain a cross- reference to those sections and need not repeat the standards. Therefore, these sections would be revised to read as follows: (g) 01) An application for Temporary Land Uses and Activities may be approved if it complies with the standards of Sec. 4-30-50 (b). (g) (12) An application for a Special Event may be approved if it complies with the standards of Sec. 4-30-50 0). Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 14 0000318 TABLE 1 SPECIAL EVENTS THRESHOLDS _ ASPEN AND BASALT URBAN GROWTH BOUNDARY Characteristics Permit Is Not Minor Event Permit Major Event see note 1 below) Re uired Is Required Permit Is Required Number of Up to 200. More than 200 but More than 500. Attendees not to exceed 500. Frequency of Event 1 2 or 3 More than 3 (# of times per (see note 2 below) calendar ear Duration of Event Not applicable 1 day More than1 da Size of Proposed Up to 400 sq. ft. More than 400 sq. ft. More than _ sq. ft. Structures/Tents but less than sq. ft. Amplified Music Within a permanent Within a temporary Outside building. building or tent. Fireworks None Yes, but fireworks Yes, but fireworks shall be noiseless shall be noiseless Helicopters for None None 1 or more filming Special Events No No Yes Committee convened Notes: 1. If an event has any single characteristic that would place it into the next higher permit category then it shall require that type of permit. So, for example, an event that does not require a permit due to its number of attendees and single day duration but which would erect more than 400 sq. ft. in structures/tents would require a minor event permit. 2. If more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receive special review approval as a "Special Events Venue" to authorize that frequency of events, provided a special events venue is listed as a special review use for the zone in which the property is located. Proposed Special Events Regulations: PIanning and Zoning Commission Draft Page 15 000000 Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 16 000040 TABLE 2 SPECIAL EVENTS THRESHOLDS RURAL AREA Characteristics Permit Is Not Minor Event Permit Major Event see note 9 below Required Is Re uired Permit Is Required Number of Up to 100. More than 100 but More than 250. Attendees not to exceed 250. Frequency of Event 1 2 or 3 _ More than 3 (# of times per (see note 2 below) calendar ear Duration of Event Not applicable 1 day More than1 da Size of Proposed Up to 400 sq. ft. More than 400 sq. ft. More than _ sq. ft. StructureslTents but less than sq. ft. Amplified Music Within a permanent Within a temporary Outside E building. building or tent. Fireworks None Yes, but fireworks Yes, but fireworks shall be noiseless. shall be noiseless. Helicopters for None None 1 or more filming Special Events No No Yes Committee convened Notes: 1. If an event has any single characteristic that would place it into the next higher permit category then it shall require that type of permit. So, for example, an event that does not require a permit due to its number of attendees and single day duration but which would erect more than 400 sq. ft. in structures/tents would require a minor event permit. 2. if more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receive special review approval as a "Special Events Venue" to authorize that frequency of events, provided a special events venue is listed as a special review use for the zone in which the property is located. Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 16 000040 TABLE 3 SPECIAL EVENTS THRESHOLDS RURAL AND REMOTE ZONE DISTRICT Characteristics Permit Is Not Minor Event Permit Major Event see note 1 below Required Is Required Permit Is Required Number of Up to 25. More than 25 but not See note 2 below. Attendees to exceed 100. Frequency of Event 1 2 or 3 Not allowed (# of times per (see note 3 below). calendar ear Duration of Event Not applicable 1 day More than1 da Size of Proposed Up to 400 sq. ft. More than 400 sq. ft. See note 4 below. StructureslTents but less than 1,000 sq. ft. Amplified Music Within a permanent Within a temporary Outside building. building or tent. Fireworks Not permitted in the Rural and Remote zone district Helicopters for None None 1 or more filming Special Events No No Yes Committee convened Notes: 1. If an event has any single characteristic that would place it into the next higher permit category then it shall require that type of permit. So, for example, an event that does not require a permit due to its number of attendees and single day duration but which would erect more than 400 sq. ft. in structures/tents would require a minor event permit. 2. No more than 100 persons may congregate for an event in the Rural and Remote Zone District. However, more than 100 people may attend an event that passes through the Rural and Remote Zone District, such as an athletic race or similar type of event. 3. If more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receive special review approval as a Special Events venue to authorize that rrequency of events. however, tnaL use is prohibited in the Rural and Remote zone district so more than 3 events at a site per calendar year is not permitted. 4. Proposed structures/tents in the Rural and Remote zone district shall not exceed 1.000 sauare feet in size. Proposed Special Events Regulations: Planning and Zoning Commission Draft Page 17 000041. Chapter I I Definitions I TTAC H M E NT SPECIAL EVENT means an organized event or a group activitv at one or more specified locations which takes place over a single day or several consecutive days at which au of of persons may ather. with or without the payMent of an admission charge. A special event that: a takes place ata proper1y or in a building or structure that has received a special review use permit authorizing that type of event (such as a special events venue): (b) occurs as part of the day-to-dayoperation of a_school. religious center. communitly. center. athletic field or similar building/structure or site that was constructed and is primarily used for public assembly: or (c) is authorized in a ski area or public/institutional master plan. shall not require a special events permit. Special events include. but are not limited to: Athletic events. including organized races and competitive group activities: Entertainment events. including a concert. carnival. festival. or fair,• Fund raiser, Trade show: and Wedding. block party_ neighborhood gathering or similar type of group celebration. SPECIAL EVENTS VENUE means a parcel of land. building or structure that has not otherwise been granted a land use approval tooperate as a place of public assembly or for the conduct of special events but which is used or intended to be used for sl2ecial events more than three (3) times during a calendar year. SPRAWL means the continuous, haphazard, uncoordinated development outside of an Urban Area that does not provide or properly plan for concentration of more intense uses and the efficient and economical provision of public facilities and urban services. Sprawl development tends to promote additional development, especially in connection with the provision of public facilities and urban services. Pitkin County Land Use Code CHAPTER l I - DEFINITIONS July 2006 00004r , Page 45� Chapter 11 Definitions cooperatives pursuant to C.R.S. 33-33.3-101, et. seg. or Section 33-33.5-101, et. seg. and timeshares pursuant to C.R.S. 38-33-111, as those provisions may be amended or replaced from time to time. The creation of these interests shall not result in the subdivision of land, the creation of legally separate lots, nor shall it be considered an event of subdivision. SUBSTANDARD SIZE LOT means any Iot or parcel, no matter what the size, that does not meet the minimum requirements for lot width or area as set forth in this Land Use Code, when a building permit is sought. SUBURBAN means a predominantly low-density residential area and/or small-scale commercial area located immediately outside of and physically and socio -economically associated with an urban area, municipality or a city. SYSTEM IMPROVEMENT means an improvement to a public road planned and scheduled on the Pitkin County 20 -Year Road Improvement Plan. TEMPORARY LAND USES AND ACTIVITIES means a use that is established for a limited duration of time with the intent to discontinue the use at the end of that time period so the use does not become a permanent land use or activity. By way of„example. temporary land uses and activities: A. May be required during the construction phase of development (such as a construction trailer): or B. May be uniquely seasonal in nature (such as a farm stand. holiday tree stand or farmer's market). Filminsz of a movie. television show._ commercial or promotional spot and still photo shoots are also considered to be temporary land uses and activities. TEWPO ciici-COMP UERGA�6 USESmeanstempefai=y,- s eA=eFF17- uses --A -;;vn- eenmnereial uses ifielude, but are net limited to (i) filming ef mevies, ielevisien , eeffuner-eials, er. pF6Fn9H6fW sp-advef4isingphoto shOets,(iii) •Fade s1 eWS, •, Tien eE prr- ., Geunt), padis, F@sidentiaal sub^diyisiensj, 9F—i�rii�b -c oir F9w.�neFeial-5tfuetur-eS-(e.g., pr-kraEe-Fesidenees ate babas} tefm uses ef nen eeffunefeial !—Aads ser- ;-;A-;q eemmeveial stfuettifes fi9F a eeffhmer-eial purpose, RF ether--1:�, heA iffm pui=peses net speeiileally-&clewed in the—Eene dist-vi YempeFafy ee eFcial uses inelude, but are net limited to - (a) . , Pitkin County Land Use Code CHAPTER I1— DEFINITIONS July 2006 Page 49 000043 Chapter 11 Definitions (b) advei4ising phate sheets, an rai Pxlo . THREATENED SPECIES means those species designated by the federal government or the State of Colorado as being any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, as that definition may be amended by federal government laws or regulations from time to time. TIMER means a mechanism that activates the light source at dusk and turns it off at a selected time several hours later, well before dawn. TIMESHARE means "interval estate," "timeshare estate," "timespan estate," and also includes those other terms as defined in C.R.S. 38-33-110, as such may be amended from time to time. TIMESHARE DISCLOSURE STATEMENT means a written, sworn statement described as required by the timesharing regulations of this Land Use Code. TIMESHARE/FRACTIONAL OWNERSHIP means a contractual or membership right of occupancy (that cannot be terminated at the will of the owner) for life or for a tern of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or specific or nonspecific segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the property has been divided. TOURIST ACCOMMODATION means hotel, motel, lodge, or any building primarily used or intended to be used for the purpose of providing overnight lodging facilities on a short-term basis to the general public for compensation, with or without meals, and that has common facilities for reservation and cleaning services, combined utilities and on-site management. TOURIST ACCOMMODATION UNIT means any unit intended to be occupied principally by visitors to Pitkin County, located in a facility that offers customary on-site management and operation services for visitors. This use shall include units found in a lodge, hotel, motel, tourist dormitory, resort cabin, guest ranch, or similar facility, but shall exclude any high country hut, tourist camping or similar facility that does not provide on-site management and operation services or that does not meet the definition of dwelling unit in this Chapter 11. Also excluded shall be dwelling units that are principally residences as Pitkin County Land Use Code CHAPTER 11-- DEFINITIONS July 2006 0 n V O n V 4 �, Page 50 Chapter 2 Review mad Approval Procedures ATTACHMENT Land Use Cade Section Public Pre -App. 'Re Review, Decision -Making, and Appeal Authority Lapsing Notice uired < > = Public Hearin Required Staff ABRC HO RHPC A P&Z BOCC One Single Family Dwelling on N,P,M R <D> Fane 500* Acre Parcel Historic Incentives for Historic Register ✓ R <D> None Properties ,P,M Location and Extent Review M P -M ✓ R <D> None lajor Amendment to Development Permit or D = Original Same as Approv Npproval Where Original Approval Was . ,P,M ✓ R Decision -Making or Permit Not Body Amended Administrative Review (Except for Plats Nan -Conforming Use or Structure, Restoration or Expansion with Minor N,P,M ✓ R <D> i year Building Modifications Road and Easement Vacations N,P,M ✓ R <D> I.None Special Review Uses None unless stat See also Sec. 4-20 Use Table and Sec. 2- N,P,M ✓ R <D> 40-20) in approval pp S12 cial_Events Venue N,P,M ✓ R <D> 1 year Special Review for Commercial Recreational Use on Pitkin County Open Space and one unless stat Trails in approval iroperty or on County -owned property or roads ---------------------------------------- Ifbelow thresholds established in ------- P M ------------ ✓ ---- R ------------ ------------ <D> -------------- ----- -------------- A --------------- Sec. 4-30-40 (q)(3 (b) - If above thresholds established in 4------------ -------------------- ------------ ---------------- Sec. 4-30-40( )(3)(c) ,P,M ✓ <D> Subdivision Exemption for__ __ ------ --- --------IV ----------- --- ------------------------- •---•�••-••- Fully Developed Lands P M =--------_-_.--.-. R <D> A one - ----- New Lots in VC and VR Zone Districts - ,P,M ---- R ----------------------•- -------------- ----- ----- <D> A ...[one --------------- one ------------------------------------------ for Community and Public Facilities ------------------- ---- ----------- ------------ ----------------- - ----- -------Lrcels and ,P,M R <D> OpenSpace----------------- -------- ............. I ---- --------------------------' -------------- -------------------- ---- ---- Separation of Platted Sub -Standard Size I Lots 'P'M ✓ R <D> A one (See also Sec. 9-20-030) Determined Takings Determination ✓ R D by remedy a roved] Transfer of Development Rights (See also Sec. 2-40-30) — - -- - - ----------- -------- ----------- ----------------------------------------- + ...... _... .uance of TDR Certificate for Constrained ✓ R ............ <D> .... one- - .------- Site ,P,M For example, if an activity envelope is approved to remedy a takings, the approval will expire after 10 years. Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 42 00004 Chapter 2 Review and Approval Procedures Land Use Code Section Public Pre -App. Review Decision -Malting, and Appeal Authority Lapsing otice Re wired > =Public Hearin Re uired Staff ABRC HO RHPC A P&Z BOCC Special Review for Commercial Recreational Use on Pitkin County Open Space and ✓ D A 'one unless stat Trails property or on County -owned in approval property or roads if below thresholds established in Sec. 4-30-40( )(3)(a) Subdivision Exemption- ----- ------------------------------ -------------------------- -------- __ __•• -_ _ Lot Line Adjustments D A one Minor Plat Amendments _-_------_-_ ✓ D - A one 4pecial Events A Temporary Land Use and Activities ✓ D A SSvecial Events ✓ D A Transfer of Development Right (See also Sec. 2-40-30) .................... ........ ------------ ____ .---,-_--_-- ......... .... .----------- .._. ---„ ------ ------ .......... Issuance of TDR Certificate D A one for Sale from Sending Sites_ ------------ -------- . .... ............ _.-_...._ ----- ----- ------_. .........._...... ;e of TDR Certificate for Additional Floo Area on a Lot/Parcel within the Aspen ✓ D A Urban one Growth Boundary __________ ____ _ Use of TDR Certificate for Additional Floor rea on a Lot in a Subdivision in the Rural ✓ D A one Area listed in Sec. 6-30-50(b)(2)(a) Water Crossing or Diversion ✓ D A ane ONF-ST1.11 RLVIIA�'S Sec. 2-30-30 )esignation to or Delisting from Historic ✓ R <D> one Register ,P,M :tivity Envelope and Site Plan Review for P,M ✓ R <D> 10 years Stream Restoration Projects Extension/ R D Reinstatement of Vested Rights GMQS Exemption for one - One Additional Dwelling Unit ... ............ .......................... ....... ------ -_• ___ _______ ................ on a Property Designated to the Historic ,P,M ✓ R £D> one __ Register)__ -� f + ________________ One Additional Dwelling Unit I on a Property Designated to the Historic Register 'here the Historic Structure has been or is ,P,M ✓ R <D> None roposed to be Relocated or Exemption is )roposed to be Transferred to a Different Parcel ------------------------------------------- Change in Use of Historic Structure -------- ,P,M ............ ✓ R - - -- ._ _._. ......._...... _.. ; D> ------------- .. one ------------ - Civic or Institutional_ Use ,P,M ._...•. ✓-__-_-_ _ R _ . --------------- j_ -- - <D --- ._... one Pitkin. County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 41 Chapter i Review and Approval Procedures A temporary use permit may be approved if it complies with the standards of Sec. 4-30-50(b). (10) Signs A permit for a sign may be approved if it complies with the standards of Sec. 7-60. (11) Temporary Land Uses and Activities-.ethff An application for Temporary Land Uses and Activities may be approved if it complies with the standards of Sec. 4-30-50 (b). (12) Special Event An application for a Special Event may be approved if it complies with the standards of Sec. 4- 30_30_ _ _ 50 (I)(t) (13) Demolition Extensions A person seeking to replace a legally established structure pursuant to Sec. 6-30-110 may delay the demolition of the existing structure in order to continue a business or maintain a residence during the construction of the replacement structure subject to compliance with the standards in this section. (a) The applicant shall execute a guarantee in a form acceptable to the County Attorney insuring the demolition and removal of the existing structure and restoration of the site prior to the issuance of a certificate of occupancy for the replacement structure. (b) In the case of existing residences, the applicant shall agree not to request approval to maintain the residence as a caretaker dwelling unit or an employee dwelling unit, unless the site and existing unit meets the standards in Secs. 6-30-40(c) or (d). (14) Certificate of No Effect for Property on Historic Register Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 49 00004 r !I. i An application for Temporary Land Uses and Activities may be approved if it complies with the standards of Sec. 4-30-50 (b). (12) Special Event An application for a Special Event may be approved if it complies with the standards of Sec. 4- 30_30_ _ _ 50 (I)(t) (13) Demolition Extensions A person seeking to replace a legally established structure pursuant to Sec. 6-30-110 may delay the demolition of the existing structure in order to continue a business or maintain a residence during the construction of the replacement structure subject to compliance with the standards in this section. (a) The applicant shall execute a guarantee in a form acceptable to the County Attorney insuring the demolition and removal of the existing structure and restoration of the site prior to the issuance of a certificate of occupancy for the replacement structure. (b) In the case of existing residences, the applicant shall agree not to request approval to maintain the residence as a caretaker dwelling unit or an employee dwelling unit, unless the site and existing unit meets the standards in Secs. 6-30-40(c) or (d). (14) Certificate of No Effect for Property on Historic Register Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 49 00004 Chapter 2 Review and Approval Procedures for delisting may not be filed again for a period of two (2) years from the date of denial by the Board of County Commissioners. (10) Location and Extent Review (a) The purpose of the location and extent review is to determine whether any proposed road, park, or other public way, ground, or space, or public building or structure or public utility, whether publicly or privately owned is in conformance with the applicable County Comprehensive Plan or Master Plan. (b) The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, or sale or lease of or acquisition of land for any road, park, or other public way, ground, place, property, or structure, shall be subject to similar submission and approval. (c) A location and extent review may be undertaken concurrently with any other applicable County review process. (d) In the case of disapproval by the Planning and Zoning Commission of location and extent review the Commission shall communicate its reasons to the governing body or official having jurisdiction for the proposed project. (11) Special Event Venue An application for a Sl2ecial Event Venue may be approved if it coml2lies with the standards of Sec. 4-50-05Ai1 (i) Vested Right The One -Step Review process will result in the creation of a vested right pursuant to Sec. 2-20-170 in the following situations only: (1) When an application for approval of an Activity Envelope or Site Plan is decided by the Hearing Officer, because the Community Development Director has referred the application pursuant to Sec. 2-30-20(i); (2) When an application for approval of an Activity Envelope or Site Plan is decided by the Hearing Officer because the application is intended to result in a vested property right pursuant to Sec. 2-20-170, (3) When the application is for a major amendment to a Site Specific Development Plan (as it was defined before the 5th of July, 2006) approved prior to the 5th of July, 2006; (4) When the application is for a major amendment to a Site Specific Development Plan pursuant to Sec. 2-20-150 after issuance of a development permit and after the 5th of July, 2006. Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 59 ATTACHMENT --L._. Chapter 4 - Permitted Uses Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 0000491 Page 10 Intended for Rural Areas Intended for Urban Areas Eit£t TABLE 4-I: Permitted Uses Rural Districts Urban 15uburban Residential Business & Special District RS RR RS RS ILI 'TR- TR- RS A A S B R R R VR MH AH AH 9 Vii P - - I'- R- 1 2 - R R K - -30 -15 - P I Use Category/ G 6 35 35 30 - - 1 1 & 6 P Use-Speeific Use Type 0 & 1D � 15A U Regulaticsn q )0 - R 15 D E B C Commercial Automobile Service Station S A S §4-30-040(c) Vehicle and Aircraft Sales and Service (formerly Vehicle 5 M and Aircraft Related Business) Other Principal Uses Cellular Telephone Facility S is S S S S S S Im Is S M S §4-30-040(g) Junk Yard S S I I S §4-30-040(m) Radio or TV Transmitting S S S S S S S M S S S S S S S S S S M is §4-30-040(,) Station Solar Farms S S S S S S S S S M S S S S S S S S S S 5 §4-30-50(m) &§ 4- 30-050(h)(5) Use by Federal Permit (formerly Uses, Activities & Facilities Permitted by S S S S S S S S M S S S SS S S S S M S Special Use Permit Issued by is Federal Agency) Accessory Structures with A A A A A §4-30-050(a) Bathing Facility Agricultural Stand A A A A A A M A A A A A A A M A §4-30-050(b) Arts and Crafts Studio, A A A A A A A A A A A A A A A A A A A M A Accessory Building -Mounted Cellular S S S S S S S S S S S S S S §4-30-050(c) Telephone Antennae Bus Stop A A A A A A A S A A JA A 1A A A A A A JA Camping Arca A A A M §4-30-050(d) Caretaker Dwelling Unit S S 5 i S S S S S S S S S M S §4-30-050(e) Club House or Recreational S S S S S M S S S S S S M Building Day Care Home A A A A A M A A A A A A A A A A Em lovec Dwelling Unit S S I I S is Is S S S S I S M S Home Occupation A A JA A JA JA A A A A A A A A A A A A AM A §4-30-050(1) Horse Boarding. Accessory A A A I I A 5 Satellite Reception Device S A A A S S A A A M A A A A A A A A A A M A §4-30-050(g) Solar Encrgy Collector A A A A A A A A A A M A A A A A A JA A A A IM JA §4-30-050(h) Ground Mounted Solar Energy Collector Greater than S S S S S S S S S S M S S S S S S S S S S M S §4-30-050(hy)(5) 12' in Height Temnoran, Land Use and A_ A A A A A A A A A M A A A A A A A A A A M A4-30 f?50fh1 ctiviti A A A A 1A A 1A A ,4 JA IM A A A -A A A A A A A M A §a 30 B?13(+l Trail A A A A A A A A A JA I M A A A A A A A A A A M A Water Crossing or Diversion S S S S S S S S S S M S S S S S S S S S S M S Wind Powered Electric S S S S S S S M S M §4-30-0500) Generator Micro Hydro Electric Energy S S S S S S S S S S S S S S S S S S S S S S S §4-30-050(1:) Svstcm Snow Storage/Dumping S S S S S S S S S S S S S S S S S S S S S S §4-30-050(1) Trucking Special Events JA A A A A A A A A A A A A A A A A A A A M A §4-30-OSOW Special Events Venue a I S $4-20-050(i Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 0000491 Page 10 No partition of any common interest community or timeshare interest shall be permitted. The filing of any legal partition action shall be considered an evasion of the Pitkin County subdivision requirements. (9) Growth Management Allocations Required to Create New Structures, DweIIing Units or Timeshare Interests Any additional structures or dwelling units in a common interest community shall require growth management allocations or exemptions pursuant to Secs. 6-60 and 6-30-150. (10) Additional Timeshares Require Growth Management Allocations or Exemptions. The creation of any additional timeshare interests shall require growth management allocations pursuant to Sec. 6-60. (y) Vehicle and Aircraft Sales and Service (1) A gas station or accessory service facility shall not exceed a total land area of thirty-two thousand (32,000) square feet. (2) Aircraft service and sales shall only be permitted in the P -I zone district. 4-30-50: ACCESSORY AND TEMPORARY USES (a) Accessory Structure with Bathing Facility (1) Must be located on lots or parcels that contain at least thirty-five (35) acres. (2) Must record a deed restriction approved by the County Attorney ensuring only one (1) dwelling unit exists on the parcel. (3) One (1) structure on the parcel shall be designated "principal" for height measurement purposes. (4) For purposes of calculating Road Impact Fees each of the structures containing bathing facilities shall be considered a separate dwelling unit and will be assessed the appropriate fee based on the size of the structure. Floor area of other residential structures, not containing bathing facilities, will be treated as if attached to one (1) of the structures with bathing facilities. For the purpose of calculating development exactions or impact fees based on aggregate floor area or square footage rather than Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 67 on a per unit basis, the aggregate of all residential floor area or square footage on the parcel will be cumulated and will be used for calculating fees. See. 4-30-50 (b), Use Specific Standards for Temporary Land Uses and Activities. *Comment. Section 4-30-50 (b) currently contains just the standards for agricultural stands. This section would be re -named so it addresses the standards for all temporary uses and activities. Section (b) (1) would contain the current standards for agricultural stands. Section (b) (2) would contain the current standards for Motion Picture Hinting and Photo Shoots, which previously were found in Sec. 4-30-50 (j). Section (b) (3) would contain lire current standards for other types of temporary land uses and activities, which previously were found in Sec. 2-30-20 (g) (11). (b) (l) Agricultural Stand Vendors are permitted to sell Colorado -grown agricultural or farm products subject to compliance with the standards in this section and approval of a Temporary Use Permit under Sec. 2-30-20. (a) The vendor shall have the permission of the owner of the property for use of the site for vending purposes. (b) The vending stand or vehicle is adequately set back from the adjacent road, does not block any required access to or egress from the site, does not disrupt vehicular or pedestrian circulation in the surrounding area, and does not cause a traffic hazard or safety problem. In addition, an off-road parking area of sufficient size shall be provided to accommodate the anticipated number of customers. (c) The temporary structure, if any, complies with applicable adopted building codes and other County regulations. (d) Not more than two (2) vendors may be allocated a permit for any single location. (e) Temporary use permits for agricultural products shall not exceed a period of five (f) months. (g) Stand operators may receive an unlimited number of development permits; however when more than two (2) operators wish to use a given location during the same time period, preference shall be given to new permit applicants in the order in which they apply. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 68 000051 (h) Identification signs must comply with the sign standards in Sec. 7-60-50. (2) Motion Picture Filming and Still Photo Shoots. An applicant may obtain a temporary land use and activities permit to film a movie, television show, commercial or promotional spot or to conduct a still photo shoot if the followin standards are met: a) At least five (5) working days prior to the production. the ap -licant shall e mail to the Communily Development Department a brief description of the nature of the production, including dates. times and locations. If the standards of this Sec. 4-30-50 b 2 can be met, the Communi Development Director will issue an acknowledgement of the applicant's e-mail and the production may proceed. If these standards cannot be met, the applicant may instead apply for a special event Permit. Rursuant to the standards and procedures set forth in Sec. 4-30-50 (b) The production shall be limited to no more than five (5) vehicles and a total of fifteen (15) people. including the actors/models and crew. (c) All staging for the production._ including but not limited to. the equipment, actors/models. crew, vehicles and trailers, shall be located on _private ro e d There shall be no off-site impacts from the 12roduction. e There shall be no 12arking on public roads for the production. A minimum of sixteen feet (16') of emergency access shall be maintained on private roads at all times. The agplicant shall obtain all necessM federal/state permits and shall comply with the Pitkin County Code and applicable state and federal regulations. Outdoor filmina/vhotoeravhv shall last for no more than three (3) days and shall only occur between the hours of 7:00 AM to 7:00 PM or one I hour after sunset. whichever is later. These limits include the time necessa for set-up and take-down of the production. Indoor filming/photography shall not be subiect to these time limits. h The applicant may be re uired to provide 12roof of general habili insurance for the duration of the production, with Pitkin County being named as an additionally insured, with two million dollars ($2.000.000) aggregate coverage and one- million dollars ($1.000.000) coverage for each Pitkin County land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 69 00005f- occurrence, or provide a waiver of insurance approved by the County Attorney. (i) The applicant shall comply with the following noise standards: 7:00 AM to 7:00 PM: 65 dB(A): and 7:00 PM to 7:00 AM: 55 dB(A). (i) A helicopter or drone shall not be used for filming unless the permit application has been referred to the Board of County Commissioners, -which may authorize the use of helicopters at their discretion considering the following: (i) Whether the use of a_helicopter_or_drone will result in a clear and demonstrable marketing benefit to the community_; (ii) The helicopter or drone will be used for a live broadcast: (iii) The applicant shall demonstrate that thehelicopteror drone will not cause detrimental impacts to wildlife: and (iv) Safety concerns shall be, adequately addressed. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 70 00005. family, aetivity mar -e than PA,iee Within the pr -:9F PA,ek,e (12) menth per -:ed; md (b) to hews of epmfleR, a, lightir. YL a a Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 70 00005. Chapter 4 - Permitted Uses application to a public hearing before the Planning and Zoning Conunission. r. no ME ► _ rr MI !Sl if., s al_event ir_am+;.,ip ted t„ eeeuf annually,or. per-. die 1 alis r. r_NOW !Sl if., s al_event ir_am+;.,ip ted t„ eeeuf annually,or. per-. die 1 alis Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 nn nn Page 76 Chapter 4 Permitted Uses (i) Special Events Purposes. These standards are intended to govern the time, place and manner in which special events may be conducted on county roads. county_property or private property. These standards are necessary to ensure that, an event's demands for health fire olive. transportation. and other public facilities and services do not exceed the level of service that is normally provided in that area of the county and that the event does not create undesirable impacts on the residents of that area of the countv. Specifically. the purposes of these standards are to ensure that special events: (a) Are conducted in a safe and orderly manner by requiring adequate provision of access. parking. sanitary facilities. utilities and security, ensuring the structural integrity and safe of tem ora facilities. and requiring appropriate guarantees for site cleanup and restoration; (b) Are reasonably suitable for the neighborhood, considering the duration and intensity of the proposed special event, and will minimize an significant impacts of the event on surrounding landowners. residents and businesses; and c Do not create public disturbances or become public nuisances endanger life, health or public safe , , disrupt traffic. or threaten or damage public or private property_. d) These standards are also intended to ensure that the -organizers and sponsors of special events coordinate with governmental agencies and neighbors well in advance of the date the event will be held and accommodate the requirements of those agencies and the concerns of neighbors in planning for and conducting the event. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2005 Page 77 000055 • _ .. ON I Oft 11 ,1114 r ■ MAN a_ NINa-00 ■ -WEIRrIM-1-1- WHO 10 (i) Special Events Purposes. These standards are intended to govern the time, place and manner in which special events may be conducted on county roads. county_property or private property. These standards are necessary to ensure that, an event's demands for health fire olive. transportation. and other public facilities and services do not exceed the level of service that is normally provided in that area of the county and that the event does not create undesirable impacts on the residents of that area of the countv. Specifically. the purposes of these standards are to ensure that special events: (a) Are conducted in a safe and orderly manner by requiring adequate provision of access. parking. sanitary facilities. utilities and security, ensuring the structural integrity and safe of tem ora facilities. and requiring appropriate guarantees for site cleanup and restoration; (b) Are reasonably suitable for the neighborhood, considering the duration and intensity of the proposed special event, and will minimize an significant impacts of the event on surrounding landowners. residents and businesses; and c Do not create public disturbances or become public nuisances endanger life, health or public safe , , disrupt traffic. or threaten or damage public or private property_. d) These standards are also intended to ensure that the -organizers and sponsors of special events coordinate with governmental agencies and neighbors well in advance of the date the event will be held and accommodate the requirements of those agencies and the concerns of neighbors in planning for and conducting the event. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2005 Page 77 000055 Chapter 4 - Permitted Uses 2 A licabili /Permit Re uired (a) These standards shall apply to any special event proposed to occur on public or private property in those zone districts listed in Table.4-1 as the locations where special events are allowed uses or master pian uses. (b) Conduct of a special event _shall require a s ecial event permit which shall be obtained from the Communijy Development Department c An application for a sl2ecial event pertnit shall be processed as an administrative review, as described in Sec. 2-30-20. This shall authorize the Cornmunily Development Director to approve. approve with conditions or deny the application. as specified in _Sec. 2-30-20 (fl or to refer the aRRlication to a higher -body. asspecified in Sec. 2-30-20 (i). (d) The application for a special event may be classified by the Community Development Director as requiring no permit, a minor permit or a major permit. The Community Development Director shall utilize Table 1. Table 2 or Table 3 in this Code section. as applicable, as a guide in determining how to classify the special event application. The Director is also authorized to utilize his or her administrative discretion and rofessional judgment in making this determination. e Ana lication that is classified as a major event shall re uire the County's Special Events Committee to convene to review the permit request. The appficant shall be invited to avvear before said Committee when it conducts that review. (fl if a special event is anticipated to occur annually_ or on a eriodic basis the applicant may reguest a multiple -event special event permit- which may authorize the special event for up to three (3) years. Multi ie -event special event Rennits shall require the applicant to notify the Communily Development Department at least nine 90 days prior to each event to identify the date and location of the event and any chap es in the nature size. or activities to be conducted since the precedin event covered by the permit. If proof of insurance coverage was required for previous approvals. the applicant_ shall submit updated evidence of insurance coverage for the dates of the upcoming, event. If the Community Development Department determines that the changes in the event were not anticipated or covered by the existing permit and could have unanticipated adverse impacts on surrounding properties or traffic on Counly rights-of-way, or the event has not complied with provision of previous approval(s) the permit may be revoked and/or the Department may require that the applicant apply for and receive a new special events permit or modify the event to avoid the unanticipated adverse impacts. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2005 Page 78 000056 Chapter 9 - Permitted Uses 3) Review Standards. The foilowinp, standards provide an overall checklist for the al2piicant and Counly staff to use in oreparing and reviewing a pennit apOication. The Coun staff is hereby authorized to determine which of these standards should amly to the application. based on the tv a scale and location of special event that the applicant is proposing. a Water Su 1 . The api2iicant shall provide an ade uate and safe supift of potabie water that complies with the re uirements set forth b the Colorado Department of Public Health and Environment and the Countv Environmental Health Department. b Sewaize Disposal/Toilets. The applicant shall provide a minimum of 1 toilet per 25 persons anticipated_to attend the event, conveniently dispersed throughout the event grounds, with separate! - enclosed toilets provided for males and females. The greater of five percent 5% of those toilets or 1 toilet per each cluster of toilet facilities shall be ADA accessible. An adequate number of hand washing stations shall be provided. All -portable toilets shall be removed immediately following the conclusion of the event. Alternative: The appficant shall 12rovide an adequate number of portabie toilets, including ADA accessible toilets._along with an adequate number of hand washing stations. as determined by the Environmental Health Department. Separately- enclosed toilets shall be provided for males and females. All portabie toilets shall be removed immediate) following the conclusion of the event. c Solid Waste /Ret clip . A sanitary method of collectin and disRosing of solid waste from the event shall be provided. A minimum of 3 trash receptacles and 3 well -labeled recycling receptacles per 100 attendees shall be provided. Receptacles shall be dispersed throughout the event area. including at all exit points. Provision shall be made to ensure receptacles are emptied when they become full. Outdoor trash receptacles and any on-site dumpsters used to collect trash shall have a latching mechanism making them bear proof. Trash and recyclable materials shall be removed from the site immediately following the conclusion of the event. Alternative: The applicant shall present to the Environmental Health Del2artment a 121an for the sanita collection and disposal of solid waste from the event. The plan shall describe the number of trash receptacles and recycling receptacles that will be provided and the location of said receptacles. Provision shall be made to ensure receptacles are emptied when thev become full. Outdoor trash receptacles and anv on- site dumpsters used to collect trash shall have a latching mechanism making them bear proof. Trash and recyclable materials shall be removed from the site immediately following the conclusion of the event. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 000057 Page 79 Chapter 4 v- Permitted Uses (d) Safety/Emergency Services. The apolicant shall provide a safety and operations pian that includes_ procedures for dealing with on-site medical emergencies and crowd control; The plan shall address the following elements: (i) First aid and other emergency services shall be provided on- site. The number of certified medical providers that shall be on- site and the required tapes of standbyequioment that shall be available shall be determined by the Fire Marshal and the Sheriff. If necessary. an enclosed medical treatment structure shall be provided. (ii) Adequate infrastructure. as determined by the Sheriff, shall be provided on-site to allow for emergency communications with hospital. police and fire services. (iii) Adequate private security personnel, as determined by the Sheriff, shall be provided for crowd and traffic control at the event. The Sheriff shall have the authority to require that law enforcement personnel be on-site at the applicant's expense to monitor crowd control and to regulate traffic. The Sheriff may require that a crowd control fence enclosing the site, with gates that allow for emergency access/egress, be provided. (iv) The event (including structures. access. etc.) shall comply with all applicable building codes and fire district safety codes. Any fireworks displays or temporary tents shall require a permit issued by the appropriate County agency. All electrical cables. wires and equipment shall be covered. concealed, secured and/or located in such a manner that event participants will not be placed at risk. (e) Parking. The applicant shall provide a plan for on- or off-site parking facilities for the event. There shall be no parking permitted on Countv roads. (i) Shuttle service shall be provided before, during and after the event whenever off-site parking is proposed. Event organizers should provide advance notice encouraging event participants and event workers/volunteers to carpool to the event. The applicant shall_ demonstrate_ to the Community Development Director that the access roads between the site and the parking area are capable of handling the shuttles without adversely impacting the neighborhood. (ii) The parking area shall offer a sufficient number of parking spaces to accommodate the maximum number of attendees anticipated at the event. The applicant shall demonstrate to the Pitkin County land Use Code CHAPTER 4 - PERMITTED USES July 2006 000058 Page 80 Chapter 4 - Permitted Uses Communijy Development Director that an appropriate number of entrance and exit locations will be provided and that those entries and exits offer adequate si ht distances. Safe and efficient circulation routes shall be provided within the parkin area. Sims may be allowed to direct participants to parking and other features of the event. (f) Traffic Control. The applicant shall provide a elan showing access routes to be used for the event, signs that will be used to direct traffic and whether persons will be em to ed to monitor and direct traffic at all points of ingress and egress and at other points around the event. Plans and routes to safely accommodate pedestrians shall also be provided. i The applicant may need to have tow trucks available on an "on-call" basis to remove vehicles that have_parked illegally on County roads. (ii) Requests for full or partial_ closures of County roads shall be at the sole discretion of the Board of County Commissioners. (iii) The applicant may be required to post signs, him and out fliers door-to-door, or take out an ad in a local newspaper or radio if traffic is expected to significanfly significantlyimpact the residents of the area. (g) Noise. The event shall comviv with all applicable County noise standards. Noise that is incompatible with the surroundin_s area shall be prohibited. No exterior amelifiers, speakers or similar equipment shall be permitted outside of the temporary buildings, structures or tents on the site unless specifically authorized by the permit: h -Lighting. Lighting sources shall be shielded and directed inward downward. and away from adjacent properties to the maximum extent possible to ensure lighting does not shine or reflect unreasonably beyond the event's boundaries. For events held at nip -ht- the area of assembly and primary circulation routes shall be adequately illuminated to provide for safe of participants and safe earess from the site. (i) Dust Control. The apalicant shall provide for appropriate dust control at the event site. The applicant shall avoly water to unpaved parking areas and circulation routes at least twice a_day so as to mitigate dust. The applicant shall also ensure there is adequate dust control during site setup and teardown, including controlling dust on any unpaved routes event personnel will use to access the site. (i) Time Limitations. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 0005 Dn q Page 81 Chapter 4 . Pernifned Uses (i) The special event permit shall specify. the hours of o eration for the event and shali specify the number of days a special event may be conducted. (ii) Set-up for an event in the Rural area or in the Rurai and Remote zone district shall not be initiated more than 48 hours prior to the time the event is scheduled to begin. Set-up for an event in the As en or Basalt Urban Growth Bounds shall be initiated in conformance with the time limitations set forth in the permit for the event. (iii) Any temporary structures that were erected shall be removed from the propegy within 24 hours after the conclusion of the special event unless the permit specifies a more or less restrictive time limit. (k) Food and Liquor Service. If food and beverages. inciuding liquor. will be sold or given to particivants, then food service and fi uor licenses shall be obtained. as required by the. Colorado Department of Public Health and Environment and the Board of Countv Commissioners respectively. The applicant shall coordinate with the Environmental Heaith Department if there is to be food service at the event and is responsible for satisfying ail applicable health code and sanitation requirements. I Insurance and Indemnification. The appficant may be re uired to provide proof of general liability insurance for the duration of the event with Pitkin Counjy being -named as an additionally insured. with two million dollars $2.000.000 aggregate coverage and one -million dollars $1.000.000 coverage for each occurrence. or provide a waiver of insurance approved by the County Attome . The applicant may also be required to execute an agreement indemnifying. holding harmless and defendiniz the Coun1y, its officers and employees against any claim for loss. damap ge or expense sustained by any person on account of iniury, death. or property damage occurring due to or arising out of the special event. (m) Legality of Structures. Temporary buildings/structures that are to be used in the event shall have undergone all required inspections by the Chief Building Official. Any permanent/buildings or structures that are to be used in the event shall have been built with a valid building permit or shall have obtained a temporary or final certificate of occupancy from the Chief Building Official. (n) Site Restoration. The grounds shail be maintained each day of an event. The applicant shall submit an irrevocable letter of credit. bond damage.'clean u deposit or other cash guarantee. in an amount to be determined by the County. The guarantee_shail cover site Brading, Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 000060 Page 82 Chapter 4 -- Permitted Uses restoration. removal of structures and cleanup to ensure the site is restored to its former condition and any damages are repaired. (4) Additional_ Stan dards_Applicable to Particular Areas of the County *Continent: Reserved pendin,, input from County Caucuses (5) Violations and Penalties (a) Chapter 10 of the Land Use Code sets forth Pitkin County's procedures to address violations of land use approvals and the penalties that may be applied when enforcing the Code. The County staff is hereby authorized to apply those procedures and penalties to the enforcement of violations of a special events permit. (b) Representatives of the County's special events committee. includine, but not limited to. the Community_Development Director. Chief Building Official. Environmental Health Director. Sheriff and Fire Marshall (and their designees) are hereby_aranted the authority to enter onto the site of a special event during set-up, while the event is takinu place, and when site clean-up and restoration is taking place. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 000061 Page 83 Chapter 4 -- Permitted Uses *Conintent; Table 1 is added TABLE 1 SPECIAL EVENTS THRESHOLDS ASPEN AND BASALT URBAN GROWTH BOUNDARY Characteristics see note 1 below Permit is Not Required Minor Event Permit Maior Event Permit is Required- e uiredNumber is Required Numberof Attendees Up to 200. i More than 200 but not to exceed 500. More than 500. Frequency of Event 1 2 or 3 More than 3 (see note 2 below) (# of times per calendar ear Duration of Event Nota licable 1 dav More than1 da Size of Proposed Structures/Tents Up to 400 sq. ft. More than 400 sq. ft. More than sg. ft. but less than s9_ ft. Amplified Music_ Within a permanent Within a temporary building or tent. Outside buildin . Fireworks None Yes, but fireworks shall be noiseless Yes, but fireworks shall be noiseless Helicopters for filmin None None 1 or more Special Events Committee convened No No Yes Notes: 1. If an event has any single characteristic that would place it into the next higher permit category then it shall require that type of permit. So, for example, an event that does not require a permit due to its number of attendees and single duration but which would erect more than 400 sq. ft. in structures/tents would require a minor event permit. 2. If more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receivespecial review approval as a "Special Events Venue" to authorize that frequency of eventsprovided a special events venue is listed as a special review use for the zone in which the pLoperty is located. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 000062 Page 84 Chapter 4-- Permitted Uses *Comment; Table 2 is added TABLE 2 SPECIAL EVENTS THRESHOLDS QIIQei eQ�e Characteristics see note 1 belo&L Permit Is Not. Re uiredis Up to 100. Minor Event Permit Maior Event Permit Is Re uired Required More than 100 but Number of More than 250. Attendees not to exceed 250. 2 or 3 More than 3 (see note 2 below Frequency of Event (# of times per _ 1 calendar yearj Duration of Event Not ap licable 1 day More than1 da Size of Proposed Up to 400 sq. ft. More than 400 sq. ft. More than sg. ft. but less than s . ft. Structures/Tents Amplified Music Within a permanent Within a temporary Outside buildin buildin or tent. Fireworks None Yes, but fireworks Yes but fireworks shall be noiseless. shall be noiseless. _ Helicopters for filming None None 1 or more Special Events No No Yes Committee convened Notes: 1. If an event has any single characteristic that would place it into the next nigher permit category then it shall require that type of permit. So, for example, an event that does not require a permit due to its number of attendees and single day duration but which would erect more than 400 sq. ft. in structures/tents would re uire a minor event permit. 2 If more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receive special review approval as a "Special Events Venue" to authorize that frequency of eventsProvided a special events venue is listed as a special review use for the zone in which the property is located. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 85 00006 Chapter 4 -Permitted Uses *Continent: Table 3 is added TABLE 3 SPECIAL EVENTS THRESHOLDS MR IR A 1 A MM dCRfi^ rC 7A►IC r%1CTE21f%T Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 000064 Page 86 U% %J 1\r% P91<9./ 1\`I<IV 1 L. ,t" I I%1W ■ Major Event Permit Is Re uired See note 2 below. Characteristics see note 1 below Number of Attendees_ Permit Is Not Re uired Up to 25. Minor Event Permit Is Required More than 25 but not to exceed 100. Frequency of Event 1 2 or 3 Not allowed see note 3 below). (# of times per calendar ear Duration of Event Not aeplicable 14ay 14a More thanl da Size of Proposed Structures/Tents Up to 400 sq. ft. More than 400 sq. ft. See note 4 below. Outside but less than 1.000 N ft. Amplified Music Within a permanent Within a temporary_ building or tent. building. Fireworks Helicopters for filming Not permitted in the Rural and Remote zone district None None 1 or more Special Events Committee convened No No Yes Notes- 1. If an event has any single characteristic that would place it into the next higher permit cats o then it shall require that type of permit. So for example, an event that does not ` require a permit due to its number of attendees and single day duration but which would erect more than 400 sq. ft. in structures/tents would re uire a minor event permit. 2. No more than 100 persons may congregate for an event in the Rural and Remote Zone District. However, more than 100 people may attend an event that passes through the Rural and Remote Zone District, such as an athletic race or similar type of event. 3. If more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receive special review approval as a "Special Events Venue" to authorize that frequency of events. However, that use is prohibited in the Rural and Remote zone district so more than 3 events at a site per calendar year is not permitted. 4. Proposed structures/tents in the Rural and Remote zone district shall not exceed 1,000 square feet in size. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 000064 Page 86 Chapler 4 - Permitted Uses Sec. 4-30-50 (i), Use Specific Standards for Special Events Venue *Comment: This would be a new section providing standards for this new type of use. (1) An apolicant for a special events venue shall provide a plan for the proposed use describing the site on which the use would occur and how the venue would be operated. The plan shall, at a minimum. describe the following aspects of the proposed use: a Whether events would occur indoors within a Rermanent structure. in temporary, tent -like structures. outdoors, or some combination of these approaches. The applicant shall describe whether any new structures will be built or existing structures will be expanded and provide_ drawings illustrating, any structures. (b) The number of events anticipated per calendar year, including the number of times per week or month that the venue would be operated. The times of day when events would take place shall also be specified. The maximum number of attendees at events shall be stated. (c) Whether employees will be hired to provide support services to the venue or if those services will be movided under contract by other businesses. d The plan shall also 12rovide res onses to the applicable review standards for special events that are listed in Sec. 4-30-50 Li). This shall include describing how the venue will provide an ade uate water supply. progerly dispose of sewage and solid waste, provide parking, and control impacts such as traffic, noise, lighting. dust and similar matters. 2 The applicant for a special event venue shall demonstrate that the proposal com lies with the standards for special review uses listed in Sec. 2-30-30 (h) (2). (a) In its consideration of the standards for -special review uses. the Board shall give particular consideration to the proximity of the proposed venue to surroundin residential areas and whether events that are prol2osed to occur at the venue would be consistent with the character of the neighborhood or would be disruptive to neighbors. This shall take into account whether the venue has a permanent structure in which events would take place, and the extent to which events would occur outside or in temporary, tent -like structures. This shall also consider whether the proposed events would have amplified music. fireworks. or similarly impactful activities that occur outside. Consideration shall also be given to the frequency of the events planned for the venue and the time of day when events would be scheduled. (b) The Board shall also consider any prior approvals that were granted to the structure or site to be used as a venue includinp, whether any limitations or Pitkin County land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 67 OOdOG'Q Chapter 4 Permitted Uses conditions were placed on such prior approvals. and whether designation of the structure or site as a special events venue would be consistent or inconsistent with the representations made and the conditions imposed on those prior approvals. *This section will be moved to 4-30-50 (b) but is shown here to be deleted Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Jf} nOGb Page 88 'O Ma Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Jf} nOGb Page 88 'O Chapter 4 . Permitted Uses (6) (.,1..oye em; be mat 7 Stag YA411 issue ef the e M!7'-P}-'�i�d1•T.r�l�R f �-'!!�_'*l�_'1'.f'�'f !V!!'!*E7� S!Sf!_TS i7!I�T.[S�!'�! T !t!ll�:�lti'T_7�15!l:RlS!!!l�J�llfii�_ - 0) Wind Powered Electric Generator (1) Only wind powered generators with a rated capacity of less than two hundred fifty (250) kilowatts are permitted as accessory uses. Wind powered generators with higher rated capacities are only permitted as a major public facility. (2) A maximum of one (1) small wind powered electric generator may be accessory to a residential or non-residential use. (3) A wind powered electric generator shall be used primarily for private purposes, and not primarily for the generation of electricity to be used off-site. The maximum height of a wind powered electric turbine shall not exceed eighty (80) feet, measured from the ground to the tip of the blade in its tallest position, and the minimum height of the turbine blade above ground level shall not be less than twenty (20) feet. (4) No part of any wind powered electric generator, including guy wire anchors, may extend closer to any property boundary than the height of the tower. (5) Except during severe wind storms, wind powered electric generators shall not cause a sound level exceeding fifty (50) dba, as measured at the closest neighboring inhabited dwelling. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 89 00006-7 ATTACHMENT ALPINE DESIGN LANDSCAPE ARCHITECTURE December 24, 2014 LANA USE DE5lGN-�'67U1 LTU Pitkin County Community Development Pitkin County Planning & Zoning Commission Michael Kramer, Planner Via email: michael.kraemer@pitkincounty.com Board of County Commissioners Rob Ittner, Chair Fltr/�L r , BASALT ! C-OLORAOO P]'C ]T9.7YYO G,M�O�L6FWMia Ma,IL c:pM Via email to: rob.ittner@pitkincounty.com; Rachel.richards@pitkincounty.com: Michael.owslev@pitkincounty.com; Steve.child@pitkincounty.com; George.newman@oitkincounty.com Re: Proposed Special Events Regulations Dear Mike and Commissioners: I have reviewed the Proposed Special Events Regulations sent to members of the Emma Caucus for comment. 1. My understanding of the proposed revised definition of SPECIAL EVENT is that "Wedding, block party, neighborhood gathering or similar type of group celebration" would require a Special Events Permit on private property and would therefore require a permit application (undoubtedly with a fee), and compliance with plethora of standards normally applied to public events. The proposed definition and terms are egregious and I agree with many of my neighbors who have responded to you individually that the County government should not spend time further regulating this type of use on private property. It seems as if the impetus for this amendment stems from a particular event, not a run -away trend, and further penalizing private property owners with more restrictive and cumbersome regulations is unwarranted. 2. TEMPORARY LAND USES AND ACTIVITIES are already outlined by zone district in the Code, including all three examples in the proposed changes: construction trailers are handled in the Code and building permit process; seasonal uses like farm stands are an allowed use; and television filming is addressed. Requiring a seasonal use like a farm stand which is a use 2227 Emma Road. Basalt.CO.81621. Tel. 970.927.2227. Cell. 970.379.3996. Fax 888.474.6111 emmadalefarm@F,mail.com 000068 Page 2 of 2 by right in many zones to comply with submittal requirements, fees, and building codes is completely unnecessary and in contradiction with the County's stated goals of promoting small-scale agriculture and business. 3. Prohibiting a SPECIAL EVENTS VENUE in the number of zones proposed is also unwarranted. Does it preclude a community centered gathering place or picnic area, polo field, riding arena, trailride, mountain bike race, neighborhood BMX or skateboard park? At least the RS -160, RS -35, LIR-35, AR -2, R-30, and R-15 zones should not be included in this prohibition. Why change the ordinance when there are provisions for neighborhood, public and staff review of applications already? This is an unnecessary use of staff, tax payer, and community resources. Please reconsider imposing further costs, requirements and regulations on the use of private land in the County. There is already adequate review in place for matters that affect the public health, safety, and welfare of the community. Isolated incidents that annoy the County or the public are not sufficient cause for such further micro -management of citizens. Sincerely, Catherine E. Markle 2227 Emma Road Basalt (Pitkin and Eagle Counties) President, Alpine Design & Planning, Inc. Proprietor, Emmadale Farm LLC 2227 Emma Road. Basalt.CO.81621 PO Box 9348. Aspen. CO .81612 Tel. 970.927.2227. Cell. 970.379.3996. Fax 888.474.6111 emmadalefarm@gmail.com,-alginedn@comcast.net 00 006 ( } �TKi,11 -'COUNT Michael Kraemer <michael.kraemer@pitkincounty.com> Special Events regulations 3 messages Sally Russo <sallyrusso22@hotmail.com> Sat, Dec 27, 2014 at 11:16 AM To: "michael.kraemer@pitkincounty.com" <michael.kraemer@pitkincounty.com> Dear Mr. Kraemer, I am a property owner, a second home located at Sopris Mountain Ranch, and I wish to express my opinion in a non-public way. I support new county ordinances,or regulations, for special events on private property. I believe that this is the best way for the fire and sheriff departments to protect all residents, and their property. disagree with the hot heads who claim this is over -reaching by govemment. What I do see is that in the 35 years I have been in Pitkin County, there has been an erosion of respect for the rights of individuals by others who think all regulations are an affront to their freedoms. In particular, I find the influx of part-time residents, with enormous financial resources, building mini -theme parks of second homes, to be among the most blatant offenders. A specific example for West Sopris Creek road, is a large estate that is used mostly for corporate entertaining. The first party there included over 300 guests, which clogged the roads for hours. Had their been a need for fire or ambulance, it would have been difficult for help to arrive. I am a neighbor, and if I had needed help at my residence, I would have had a serious problem. To notify neighbors, the local police, fire department, etc. in advance of a special event is common courtesy in many communities. Other communities require it for my above mentioned example. Please consider the rationale behind this new regulation and stick to the principles it represents. Laws, ordinances, regulations, etc. are bom out if necessity. It is time for this one, Sincerely, Sally Russo Sallyrusso22@hotmail.com Sent from my iPad Michael Kraemer <michael.kraemer@pitkincounty.com> To: sallyrusso22@hotmail.com Sat, Dec 27, 2014 at 11:16 AM Hi, I am currently out of the office and will return on December 29th, 2014. Thanks, Mike Mike Kraemer Planner Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 970-9205482 0000,}n