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Planning Commission <br />Meeting Minutes <br />April; 10, 2014 <br />Page 14of 37 <br />are treating all public ROW and public property with the 300’ buffer regardless of <br />what commercial zone district. <br />The operational requirements for the temporary use within the public ROW are <br />similar to the private property. Some key differences are a limit on the amount of <br />time to operate within the public ROW. Based on the temporary use permit, you <br />can operate no more than 30 days or no more than 5 days consecutively. It <br />limits how much they can use Community Park or a public ROW. Operation <br />before 7 am or after 9 pm, setting up shop within a designated site triangle or <br />clear zone, impede the safe movement of vehicles or pedestrians, or provide <br />amplified music, all are prohibited. They cannot place signs or banners along <br />side of the public ROW;it can only be affixed to the motor vehicle. They cannot <br />fail to have the vehicle/cart attended at all times. They must display the license <br />from Boulder County Health as well as the Sales Tax license. Theymust provide <br />separate and clearly marked receptacles for trash, recycling and compost and <br />they cannot cause any liquid waste. The key piece is that no more than 30 days <br />a year which is consistent with our current temporary use allowances throughout <br />the Municipal Code, and no more than 5 days consecutively. <br />Addressing Community Park and specific request from the Cultural Arts Council <br />similar to Centennial Valley, staff does not believe it is appropriate to differentiate <br />a specific user, such as a user being the Cultural Arts Council or the City being <br />treated differently than the church which is right across the way. If St Louis <br />Church wanted to a food truck event, they can certainly do a private catered <br />event with presold tickets which would be allowed. To have a publicly sponsored <br />event in front of the church, the current code as drafted doesnot allow it. It is not <br />equitable or fair that a user of the Arts Center would have a different right to that <br />than the church or a resident across the street. Fromthe ordinance, we chose <br />with equitable treatment for all property owners and all users. There is room in <br />the Code that allows the City itself to treat its users differently and State law <br />supports that in talking to the City Attorney. The draft before you does not do <br />that. If Planning Commission chooses to direct Staff to give exemptions to either <br />the park itself or City uses within the park, Staff strongly suggests not doing it for <br />the Cultural Arts Council exclusively. If you choose to allow City uses, Staff can <br />modify the Code with that condition and present that to Council. The current <br />draft before you is treating all users and all landowners equally. Memory Square <br />Park is surrounded immediately by neighborhoods, a park in the middle of a <br />neighborhood. Staff can take direction from Planning Commission to make a <br />condition and present it to Council based on your wishes. <br />Regarding same location requirement for private property, the districts permitted <br />are all non-residential districts but also includethe mixed use residential zone <br />district within that category. Private catered events are permitted in residential <br />zone districts such as a wedding. A sales tax license is required, a health <br />certificate is required, and the same 300’ which will be measured differently. In <br />the public ROW, we are measuring to a point of a food truck or cart; in the private <br />property, we are measuring from property line to property line in the draft <br />ordinance. <br /> <br />