Special Event Permit

With Request for Use of Right-of-Way

June 17, 2008

Regular Agenda

SE-06-21-08: A request for a Special Event Permit on private property located at the southeast corner of the intersection of 9^th & Iowa Streets, 2005 W 9^th; Zarco 66 with an associated request that the City Commission grant the a Use of Right-of-Way Permit for 9^th Street along the south side of the subject property (9th Street Terrace spur) for an event demonstrating earth friendly energy sources on June 30, 2008 from 8:30 a.m. to 2:00 p.m. Submitted by Scott Zaremba for Zarco, Inc, property owners of record.

GENERAL INFORMATION

Current Zoning and Land Use CS (Commercial Strip) District; existing gas station.

Surrounding Zoning and Land Use CS (Commercial Strip) District to the north and south; existing commercial development.

CN2 (Neighborhood Commercial Center) District to the west; existing commercial development.

RS7 (Single-Dwelling Residential) District to the east; existing right-of-way and residential homes.

STAFF REVIEW

This is a request for a Special Event Permit and Use of Right-of-Way Permit for an event to showcase environmentally friendly energy sources. The proposed event is for one day and will include vendor displays and a stage area to be erected adjacent to the 9^th Street spur right-of-way, as well as staging for other equipment such as solar panels and a wind generator. The area will be restricted access as shown in the figure provided by the applicant. A portion of the site area is located on private property while the remainder is located on public right-of-way, as shown below in Figure 1. Vehicular circulation will be impacted by the event and the applicant has made arrangements with an adjacent property owner for off-street parking to the east of the site. As such, the applicant requests that the City Commission grant a Type 3, Special Events, Special Event Permit and a Use of Right-of-Way Permit.

At the May 27^th City Commission meeting the applicant discussed a plan for the placement of permanent structures within the right-of-way that included a garden area and shade structures. Conceptual sketches were presented to the City Commission. These improvements were not shown as part of the Special Event Permit or Use of Right-of-Way Permit applications. When staff inquired about the change in plans, the applicant confirmed that improvements to the right-of-way are not being sought at this time. If improvements are sought in the future, a license agreement to use the right-of-way will be required, as well as site plan approval.

Aside from the temporary elements of the one-day event, the request includes the permanent improvements of adding a wind turbine and solar panel to the existing fuel station canopy and adding a green roof to and converting an existing storage/restroom building to a drive-through coffee hut (the plans include completely removing the restroom). These improvements require site plan approval. There was discussion at the May 27^th City Commission meeting to permit the improvements with the condition that the property owner submits a formal site plan application within a certain period of time. Staff has identified several issues that may need Board of Zoning Appeals review, including the screening of the wind turbine and the setback of the converted coffee hut. Additionally, since the City Commission directed staff and the applicant to pursue the approval of the permanent improvements to the fuel station site, the conversion of the storage/restroom building to a drive-through coffee hut has been reviewed for building code compliance and it has been determined that removing the restroom would not comply with the building code, as the code requires a restroom to serve the commercial property (employees and patrons alike). The applicant has been informed that options to comply include:

1. Revise the building plans to maintain a restroom per code.

2. Request an amendment to the code to remove this requirement understanding that it may not be approved, and can be a one to three month process.

3. Vacate the right-of-way and plat the two filling stations into one lot so that the restrooms on the south lot, currently under the applicant’s control, can be used for the entire premises. Vacation of right-of-way includes a public process and City Commission consideration.

Staff has advised the applicant that the code does not include a provision to waive code standards. Recent examples of applicants desiring to build contrary to the code include the Oread Hotel and The Exchange apartments. In these cases the applicants submitted requests to amend the code. The Oread Hotel amendment was approved by the Commission after a recommendation for approval by the recommending board and the amendment related to The Exchange will be forthcoming in the first part of July.

The proposed event will take place on Friday, June 30^th from 8:30 a.m. until 2:00 p.m., including set up and breakdown of the event. The applicant is requesting an exclusive use of public right-of-way which is distinguished from a general use of right-of-way in that exclusive controls public access upon the right-of-way.

Any tents must be flame retardant, a fire extinguisher must be provided and “No Smoking” signs must be posted. If the tent has walls, rather than just a canopy, 2 exits with exit signs and emergency lighting must be provided.

Additionally, any signs displayed in conjunction with the event shall comply with the City sign regulations and shall not be located on public right-of-way. A temporary sign permit must be obtained from Development Services if temporary signs are used.

The application does not specify whether the entire site will be barricaded from vehicular traffic. The arrangement of the stage and vendor display areas conflict with the existing vehicular traffic pattern of the site which is not well defined. If the north portion of the site is intended to remain open then sufficient pedestrian protections must be placed to ensure the separation of automotive and pedestrian traffic for the event. Specific blockades are needed at driveways to the subject property to eliminate vehicular conflicts. The areas shown on Figure 2 must be blocked.

Recommendation: Staff recommends approval of the Special Event Permit and Use of Right-of-Way Permit for a demonstration of earth-friendly energy sources on June 30, 2008 from 8:00 a.m. until 3:00 p.m. subject to the following conditions:

1. The site shall be returned to its original condition upon conclusion of the event.
2. The applicant shall be responsible for providing barricades for the event.
3. The Special Event Permit shall be valid from 7:00 a.m. to 3:00 p.m. on Monday, June 30^th 2008.
4. If temporary signs are used, the applicant shall obtain sign permits from Development Services.
5. Any tent used shall be certified flame retardant.
6. A 2A1OBC portable fire extinguisher shall be provided.
7. “No Smoking” signs shall be posted and enforced in tents.
8. Within 60 days of the event, the applicant shall apply for site plan approval per section 20-1305 of the City Code for any permanent improvements to the site, including installation of the wind turbine and solar panel(s) to the fuel station canopy and the request to convert the storage/restroom building to a drive-through coffee hut. Variances may need to be sought depending upon a full review of the site plan.
9. Prior to their installation on the fuel station canopy, the applicant shall apply for and be granted building permits from Development Services.
10. Prior to construction of the drive-through coffee hut, the applicant shall apply for and be granted permits from Development Services. The building shall meet all of the standards of the building code, including maintaining a code compliant restroom.