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Home My WebLink About6 - Consideration & recommendation on ordinances amending the BRC to implement the OSMP Visitor MastCITY OF BOULDER OPEN SPACE BOARD OF TRUSTEES AGENDA ITEM MEETING DATE: November 8, 2006 AGENDA TITLE: Consideration and recommendation on ordinances amending the Boulder Revised Code to implement the Open Space and Mountain Parks Visitor Master Plan for Commercial Use and Special Use Permits. PRESENTERS: Open Space and Mountain Parks Mike Patton, Director Dave Kuntz, Division Manager Matt Jones, Environmental Planner Steve Armstead, Ranger/Naturalist Supervisor Office of the City Attorney Ariel Pierre Calonne, City Attorney EXECUTIVE SUMMARY: T'his report presents ordinance revisions necessary to implement the Open Space and Mountain Parks Visitor Master Plan (VMP). This set of revisions covers Commercial Use and Special Use Permits. The Open Space Boazd of Trustees is asked to recommend adoption of an ordinance by council implementing these revisions. STAFF RECOD'Il14ENDATION: Staff and the city attorney recommend that OSBT recommends the ordinance to council for adoption and considers and recommends the Commercial Use Permit Final Alternative. COUNCIL FILTER IMPACTS: • Economic: These ordinances will help manage commercial operators and lazge groups. There will be little change in current economic conditions. • Environmental: The ordinances should improve the ecological health of OSMP lands by minimizing impacts from organized groups. • Social: The environmental benefits of the VMP have been previously analyzed. These specific implementation ordinances will be of interest to visitors and commercial operators. AGENDA ITEM # to PAGE_1 OTHERIMPACTS: • Fiscal: The ordinance package will create the need for substantial expenditures for administration and enforcement. These expenses have been budgeted and previously reported in connection with the VMP. • Staff Time: The staff time to administer and enforce these ordinances has been budgeted for Open Space and Mountain Parks (OSMP). The city attomey's prosecution staff has not requested additional resources for enforcement because they do not at this time expect a substantial new caseload as a result of these laws. Staff will retum to council with recommendations if tlus expectation is not met. PUBLIC FEEDBACK: These ordinances represent implementation of the policies and regulations envisioned by the VMP. Staff has carefully stayed within those pazameters which azose out of council action and extensive public feedback during the VMP process. Significant outreach has been conducted on Commercial Use Pernuts because it is a new program. This has included task force, open house and interest group meetings. , ANALYSIS: On April 12, 2005, council uuanimously approved the VMP. The VMP will serve as the guiding policy document against which most future Open Space and Mountain Pazks actions will be measured. Significant policy issues addressed and resolved by council included the Commercial Use Permits and the modification of Special Use Pernvts. Many of the policy questions resolved by council require implementation by ordinance or regulation. This report explains and proposes the ordinance changes necessary to implement the VMP. Open Space and Mountain Pazks has moved forward with regulations to implement many new VMP provisiens, including initial changes to Special and Commercial Use which were adopted by Council on April 18, 2006 and the trailhead leash requirement and the voice and sight "tag" program. Special Use Permit Program: The proposed ordinance revisions use the new, VMP specialized chapter contained in the Boulder Revised Code (which should be easier for the public to find). Special Use Permits have been required for groups 50 and over and school groups were exempt. The April ordinance implemented a Visitor Master Plan management action and required groups of 25 and over and school groups of 50 and over to obtain a Special Use Permit, and required school groups of 25 to 49 to notify OSMP. The ordinance amendment clarifies that bona fide educational institutions (school) may request an exemption from the Special LTse Permit if they apply 14 days in advance, agree to follow low impact principles and if needed agree to a location change to avoid the resource unpacts or use conflicts. (Attachxnent A) A corresponding change was made to the Commercial Use ordinance and is described below (Attachment B). AGENDA ITEM # `~ PAGE 2 Commercial Use Permit Program: Following extensive public involvement, Commercial Use Permits were required by ordinance in April. Commercial uses aze defined as any activity on Open Space and Mountain Parks lands or facilities, for which fees are charged for services and which bring people or dogs to Open Space and Mountain Pazks lands. The ordinance amendment clarifies that bona fide educational institurions are not considered commercial uses if the activity is curriculaz, which includes non-competitive athletic and before and a8er school acrivities. (Attachment B) The ordinance does not include other organizarions using school faciliries. The fees for administrarive and monitoring costs aze $300, $150 for a non-profit and $50 for a limited pernut. The proposed ordinance adds a$30 per hour fee for permits that require more than 8 hours to administer. (Attachment C) This will cover the handful of pernrits that aze more tixne consuming to process, while not increasing the fees for permit requests that aze more straight forward. ~-~-~-~~---_ Michael ~:`P' 2'~on ~ Director / I J ~ Dave untz Division Manager, Pl d Technical Services ATTACHMENTS: A. Special Use Permit Ordinance Amendment - Chapter 8-8-8 "Permits for special uses on Open Space and Mountain Pazks Lands" B.R.C. 1981 of the Boulder Revised Code as it pertains to Special Use Permits B. Commercial Use Pernut Ordinance Amendment - Chapter 8-8-9 "Permits for Commercial Uses on Open Space and Mountain Parks Lands" of the Boulder Revised Code with respect to Commercial Use Pernuts G Commercial Use Permit Ordinance Amendment - Chapter 4-20-61 "Open Space and Mountain Pazks Commercial and Limited Use Permit Fees" of the Boulder Revised Code with respect to Commercial and Limited Use Permit Fees AGENDA ITEM #_~PAGE_3 City Attorney ATTACHMENT A ORDINANCE NO. AN ORDINANCE AMENDING SECTION 8-8-8 "PERNIITS FOR SPECL4I, USES ON OPEN SPACE AND MOL3NTAIN PARKS LAI3DS," B.R.C 1981 OF Tf~ BOULDER REVISED CODE AS 1T PERTAINS TO SPECIAL USE PERMITS. BE TT ORDAIIQBD BY THE CTTX COUNCIL OF'I'FIE CTTY OF BOULDER, COLORADO: Section 1:Section 8-8-8 "Permits for Special Uses on Open Space and Mountain Pazks Lands," B.RC 1981is amended to read: 8-8-8 Permita for Special Uses on Open Space and Mountain Parks Lanils (a) No person shall organize, promote, or stage a non-commercial , ', sesia~ event intended for or which can reasonably be expected to draw aa attendance of twenty-five or more pazticipants and spectators on any Open Space and Mountain Parks property without first obtaining a permit &om the city manager under this section; . (b) No pecson who has obtained a permit from the city manager under this section shall organize, promote, or stage a recreational, athletic, or social event inteaded for or which can reasonably be expected to draw an attendance of twenty-five or more participants and spectators on any Open Space and Mountain Parks property without having the petmit in their possession at a,1~1 times during such event. (c) An applicant for a permit shall file an application at least fourteen (14) days before the recjuested day of the event. The application shall be signed by at least one adult and shall contsin: (1) The name and address of the individual or organization sponsoring the event; (2) The name, address, and telephone number of the individual in charge of the event; (3) The site for which the permit is requested; (4) The type of event and a complete deseription of the planned activities; (5) The day and hours for which the permit is sought; and (~ An estimate of the anticipated attendance. AGENDA ITEM #~~PAIiE 5 ~, (d) Upon receiving an application, the city manager shall: (1) Verify the accuracy of the information; (2) Determine whether there is a conflict with prior applications or scheduled city activities, which have priority. If there is a confliet, the manager will notify the applicant to permit amendment of the applicafion to avoid the conflict; (3) Review the requested site of the event to determine whether or not the available seating, parking, and sanitation facilities are adequate for the pmposed use; whether or not the event would conflict with any law, ordinance, code, rule or regulation, resource management, or environmental policy~, and whether or not the event would unduly interfere with the general public use of the site; and (4) Review the proposed time of the event and the estimated attendance and consider other relevant circumstances to determine whether a secutity deposit or in~~*nnce is necessary to protect against possible damage to city property and defray costs of restoration of the premises to a neat and orderly condition. The manager may require a deposit or insurance of no less than $100.00 and, if the manager determines that $100.00 is insufficient, a larger deposit or inc,,,x+„ce may be required. The manager may also return all or a portion of the security deposit upon the deteru-ination thak it is not necessary to protect the interests of the city. (e) If the applicant fulfills the requirements prescribed by this section, the city manager may issue a permit if the event is appropriate for the site, the infrastructure of the site will support the event without environmental or resource damage, and the public benefit from the proposed event exceeds its detriments. Each permit is subject to the following - conditions: - ~ (1) The applicant takes all reasonable steps to pmtect city facilities and property, including flora and fauna, against damage; (2) The applicant cleans and restores the premises to a neat and orderly condition; (3) The applicant charges no admission for the event unless it is a city sponsored event; (4) The applicant is responsible for assuring that the noise emanating &om the event complies at all times with the standards prescribed by Chapter 5-9, "Noise," B.R.C. 1981; (5) The applicant is responsible to assure that all participants and spectators comply with all applicable state and city laws; and (~ The applicant advises all participants and spectators to comply with all applicable state and city laws. ( fl The city manager may revoke a pe~ut issued under this seetion at any time before or during the event for any reason, for no reason, or for breach of any of the conditions prescribed by subsection (d) of this section. Any permit issued pursuant to flris section AGENOAITEM N ~ PAGE ~ shall be deemed a revocable license that does not convey a property interest of any kind. If a permit is revoked before the event, any security deposit shall be pmmpfly refunded to the permittee. If the manager revokes the permit, the event must cease immediately. No person shall continue an event after a pennit has been revoked. (g) After the event and during worldng hours, each permittee under this section shall contact the city manager to inspect the azea used in the event. If no damage has been done and the area has been properly cleaned, the manager shall return the security deposit. If the permittee has failed to meet the obligations prescribed by tlas section, the manager sha11 retain a sum from the deposit sufficient to cover the damage or restore the premises to a neat condition. If the security deposit does not completely indemnify tha city for damage or cleaning costs necessary to restore the azea, the permittee shall not fail to pay immediately to the city a sum to cover these extra costs. ~u) Mana¢er Ma~cIssue Rules.".B.R.C. 1_981.: and. _. Section 4. Tlris ardinance is necess~y to protect the public health, safety and welfare of the residents of the city, and covers matters of local concern. Section 5. The council deems it appropriate that this ordinance be published by tifle only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. AGENDA 6Y'~1~/ ~ `~' PRGE~ INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY tlris day of , 20 Mayor Attest: City Clerk on behalf of the D'uector of Finance and Record READ ON SECOND READING, PASSED, ADOPTED AND ORDERED PUBLISHED BY TTTLE ONLY this day of , 20 Mayor Attest: City Clerk on behalf of the Director of Finance and Record ~CENDA 15"~IH 6 ~ . PAGE D ATTACHMENT B ORDINANCE NO. AN ORDINANCE AMENAING SECTION 8-8-9 "PERMITS FOR COMMBRCIAL USBS ON OPEN SPACE AND MOUNTAIN PARKS LANDS," OF THE BOULDER REVISED CODE W1TH RESPECT TO COMIvIERCIAL USE PERMTfS. BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Chapter 8-8-9, "Pernrits for Commereial Uses on Open Space and Mountain Parks Lands," B.R.C. 1981, is amended as follows: 8-8-9 Permits for Commercisl Uses on Open Space and Mouatain PArks Lands. (a) No person shall organize, promote, or stage a commercial~g event on any open space and mountain parks property without first obtaining a permit &om the city manager under this section. (b) No person who has obtained a pzrnut &om the city manager under tlus section shall organize, promote, or stage a commercial y~g,event on any open space and monntain parks property without having the pernrit in their possession at all tnnes during such event. (c) • No person who has obtained a permit from the city manager under this section shall avsert or attempt to assert an exclusive right to use a garticular place, site or area, nor shall any such person remove or exclude, or attempt to remove or exclude, any other person from a particular place, site or area (d) Foz the purposes of this section, "commercial-evext ygg" shall mean either: (I) Any acrivity for wluch a fee, chazge, purchase of goods or services, or donation is required for the pmvision of a service or as a wndition of attendance or participation, including but not lisnited to dog walking, outdoor guide services, environmental education, and clubs. camos or nther or¢~ni .ation that merelv ~. c hool facil' '~es or; (2) Photography, videography, or filmmaldng for compensation or hire that involves human or animal subjects; AGENDA ITfNI B ~ PflGE ~,_ .• (e) The city manager may issue single event commercial use permits or annual commercial use permits for groups of not more than sixteen (16) persons without conducting a special review of the application. The city manager may also issue h-iennial commercial use permits to such annual permittees who have three consecutive yeazs of successful compliance with all requirements of the annual permit. (~ The city manager may issue single event commercial use permits or annual commercial use peimits for groups of more than sixteen (1 ~ persons upon conducting a special review of the application. "Special review" shall mean a thorough examinarion of the proposed use, and 'unposirion of conditions of approval, to assure mitigation of large group impacts. The city manager shall prescribe the requirements for sp~ial review through rule issued under Section 8- 3-3 "City Manager May Issue Rules," B.R.C. 1981. The city manager may aiso issue hiennial commercial use petmits to such annual permittees who have three consecutive years of successful compliance with all requirements of the annual permit. ' (g) The city manager may issue limited use permits for groups of not more than sixteen (16). "Limited use permiY' shall mean an annual permit for which the commercial use events ara-is resh-icted to not more than fifty visitor days (number of persons x number of days, including the leader) of designated trail use with groups of sixteen (16) or fewer. (h) An applicant for a permit shall file an application at least fourteen (14) days before the requested event or annual permit application period. If an application is denied, the applicant may request a statement of the reasons for the denial. The city manager shall require applicants to provide insurance naming the city as an additional insured in such amounts as may be required to cover the maximum possible municipal liability exposure under state law. The city manager may prescribe such additional requirements and restrictions as may be necessary to minimize and mitigate use impacts, and as may be necessary or desirable for the implementation and enforcement of this section. (i) The city manager shall prescribe by rule issued under section 8-3-3, "City Manager May Issue Rules," B.R.C.1981, such additional requirements as may be deemed necessary for the implementation and enforcement of tlus section. (j) The city manager may revoke a permit issued under this section at any time before or during the permit period for any reason, for no reason, or for breach of any of the condiHons prescribed by subsection (e~ of flris seclion. Any permit issued pursuant to this section shall be deemed a revocable license that does not convey a property interest of any kind. If a petmit is revoked before the event, any security deposit shall be prompfly refunded to the pemuttee. If the manager revokes the permit, the event must cease immediately. No person shall continue an event after a permit has been revoked AGENDA ITfNI g~PAGE I D (k) No person shall fail to comply with each term and condition of a pernut issued under tlvs section. Section 2. This ordinance is necessary to protect the public health, safety and welfare of the residents of the city, and covers matters of local concern. Section 3. The council deems it appropriate that this ordinance be published by ritle only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIItST READING, AND ORDERED PUBLISHED BY TITLE ONLY this day of , 20_ Attest: Mayor City Clerk on behalf of the Director of Finance and Record READ ON SECOND READING, -PASSED, ADOPTED AND ORDERED PUBLISHED BY TITLE ONLY this day of , 20~ Attest: Mayor City Clerk on behalf of the Director of Finance and Record r AGENDIi ITEIW Y v PAGE ~ I ATTACHMENT C ORDINANCE NO. AN ORDINANCE AMENDING SEC'I'ION 4-20-61 "OPEN SPACE AND MOUNTAIN PARKS COMMLRCIAL AND LIMITED USE PERMIT FEES," OF THE BOUI,DER REVISED CODE WITH RESPECT TO COMIvIERCIAL AND LIMITED USE PERMIT FEES. BE TT ORDAINED BY THE CITY COUNCIL OF TI~ CITY OF BOULDER, COLORADO: Section 1. 420-61 "Open Space and Mountain Pazks Commercial and Limited Use Permit Pees," B.RC. 1981, is amended to read: 4-20-61 Open Space and Mountain Parks Commercial and Limited Use Permit Fees. (a) An applicant for a Commercial Use Pemut on Open Space and Mountain Pazks properties shell pay an application fee of $300.00_and. for~e_ach ho i over ei ht hoLm soent bv ctAffvroce aine he annlication. n ;tional feP of $30.00 ner hour. (b) An applicant for a Commercial Use Permit on Open Space and Mountain Pazks properties that is a tax exempt organization described in Internal Revenue Code Section 501(c)(3) or a govemmental agency sha11 pay an application fee of $150.OO~d. for each hoL over eieh_t hoLrs s+~ent bv (c) ~ applicant for a.Limited Use Permit on.pp~u 5pace and Mountain Parks properties shall pay an application fee of $SO.OO~nd. for each hour over Section 2. This ordinance is necessary to protect the public health, safety and welfare of the residents of the city, and covers matters of local concern. Section 3. The council deems it appropriate that ttris ozdinance be published by tiUe only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. AGENUA I'tEM 4 y PAGE~, , INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TTTLE ONLY ttris day of , 20_ Mayor Attest: City Clerk on behalf of the Direetor of Finance and Record READ ON SECOND READING, PASSED, ADOPTED AND ORDERED PUBLISHED BY TTTLE ONLY this Attest: City Clerk on behaif of the Director of Finance and Record day of , 20_. Mayor AGENDA ITEM t~PAGE ~ T