HomeMy WebLinkAboutresolution.apz.005-08RESOLUTION No. 5
(Series of 2008)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION,
ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE
FOLLOWING CHAPTER AND SECTION OF THE CITY OF ASPEN LAND
USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.710.160 -
SERVICE COMMERCIAL INDUSTRIAL (SCI) ZONE DISTRICT MEET
APPLICABLE STANDARDS OF REVIEW.
WHEREAS, on Apri125, 2006, the City Council of the City of Aspen
enacted asix-month temporary moratorium on land use applications in the Residential
Multi-Family (RMF); Residential/ Multi-Family (12/MFA); Commercial Core (CC);
Commercial (C1); Service Commercial Industrial (SCI); Neighborhood Commercial
(NC); Mixed-Use (MU); Lodge (L); Commercial Lodge (CL); Lodge Overlay (LO);
Lodge Preservation Overlay (LPO) Zone Districts of the City of Aspen, due to
persistent concerns that the rate and character of development activity in the City of
Aspen was having a negative impact upon the health, peace, safety, and general well-
being of the residents and visitors of Aspen, and that recent land use applications did
not appear consistent with the 2000 Aspen Area Community Plan; and,
WHEREAS, the City Counci] directed the Planning Director of the
Community Development Department to propose amendments to the Land Use Code
reiated to the above-named zone districts, pursuant to sections 26.208 and 26.212; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of
Title 26 of the Municipal Code shall be reviewed and recommended for approval,
approval with conditions, or denial by the Community Development Director and then
by the Planning and Zoning Commission at a public hearing. Final action shall be by
City Council after reviewing and considering these recommendations; and,
WHEREAS, on June 26, 2006, the City Council enacted Ordinance Number
23, Series of 2006, approving amendments to the six-month temporary moratorium,
and establishing additional exemptions to the temporary moratorium; and,
WHEREAS, Section 7 of Ordinance Number 19, Series of 2006, allowed for
the termination date of the moratorium to be extended by City Council through the
adoption of an ordinance; and,
WHEREAS, on September 25, 2006, the City Council enacted Ordinance
Number 38, Series of 2006, extending the temporary moratorium until February 28,
2007; and,
WHEREAS, on February 28, 2007, the City Council enacted Ordinance
Number 3, Series of 2007, extending the temporary moratorium until May 31, 2007;
and,
WHEREAS, on May 29, 2007, the City Council enacted Ordinance Number
20, Series of 2007, extending the temporary moratorium until November 30, 2007,
only for properties within the Service Commercial Industrial Zone Districts; and,
WHEREAS, on October 29, 2007, the City Council enacted Ordinance
Number 47, Series of 2007, extending the temporary moratorium until May 30, 2008;
and,
WHEREAS, the Community Development Director has recommended
approval of the proposed amendments to the Service Commercial Industrial Zone
District, as described herein; and,
WHEREAS, the proposed amendments encourage a greater social vitality of
service commercial areas, support for service commercial businesses that without the
SCI Zone District would likely relocate out of town and increase vehicle trip-
generation by locals seeking needed services, long-term sustainability of the local
economy that depends upon the services provided by businesses in the SCI district, the
provision of affordable housing that could be utilized as a live-work opportunity, the
continued provision of medical services to local residents in close proximity to the core
business district and high-density population areas, and generally encouraging a more
balanced permanent community ;and,
WHEREAS, the amendments proposed herein are consistent with the Aspen
Area Community Plan, which in part calls for:
• The focusing of growth towazds already developed areas and away from
undeveloped areas surrounding the city by intensification of land uses within the
downtown.
• The retention of existing commercial and lodging uses.
• The rejuvenation of aging commercial properties.
• The development ofmixed-use buildings with housing opportunities for locals.
• The development of affordable housing in locations supported by the "Interim
Aspen Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
• A balance between the community and the resort aspects of Aspen.
• The long-term sustainability of the local social and economic conditions; and,
WHEREAS, there are several distinct geographic parcels of different shapes and
topographical characteristics within the SCI Zone District, and these different pazcels
have a range of neighboring parcels with different characteristics, and the differing
natures of these parcels within the SCI Zone District may be appropriate for different
kinds of uses within the District; and,
WHEREAS, the Andrews-Mcfarlin Subdivision within the SCI Zone District is
along and thin, metes and bounds parcel directly adjacent to the Roaring Fork River to
the east, and directly adjacent to the arterial N. Mill St. to the west; and,
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WHEREAS, this parcel was included in the SCI Zone District when the it was
established in 1975, at a time when it was common practice across the United States to
locate industrial and light industrial uses directly adjacent to rivers, and since 1975, the
City of Aspen has enacted strict regulations governing the use of properties adjacent to
rivers, known as Stream Margin Review; and,
WHEREAS, Design Studio uses identified as permitted uses in the SCI Zone
District aze more appropriate for the Andrews-Mcfazlin parcel than most other permitted
uses in the SCI Zone District, which generally feature the servicing, repair, rental and
limited retail offerings of material goods including the space needed to store, service and
onload/offload material goods; and,
WHEREAS, the unique nature of the Andrews-Mcfazlin parcel includes a limited
functional capacity to support such uses; and,
WHEREAS, the Community Development Director recommends that Design
Studio uses should be encouraged in specific areas of the SCI Zone District where most
other, more traditional permitted SCI Commercial uses are not likely to compete for
space; and,
WHEREAS, during a duly noticed public hearing on January 29, 2008, the
Planning and Zoning Commission recommended that City Council approve
amendments to the text of the Service Commercial Industrial Zone District, as
described herein, by a 6-0 vote; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the amendments
meet or exceed all applicable standards pursuant to Chapter 26.310 and that the approval of the
amendments is consistent with the goals and elements of the Aspen Area Community Plan;
and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfaze.
WHEREAS, the amendments to the Land Use Code are delineated as follows: Text
being removed is strikethrough. T°°',,°:~° ~°.,,°..°a ,°°',.. rv°'~,:°
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1: Section 26.710.160 -Service/Commercial/Industrial (SCI) Zone District,
which section regulates development within the Service/Commercial/Industrial Zone
District, shall read as follows:
26.710.160 Service/CommerciaUIndustrial (SCI).
A. Purpose. The purpose of the Service/Commercial/Industrial (SCI) zone district is
to preserve and enhance locally-serving, primarily non-retail small business areas to
ensure a more balanced permanent community; to protect the few remaining such small
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business parks historically used primarily for light industrial uses, manufacturing, repair,
storage and servicing of consumer goods, with limited retail, showroom, or customer
reception azeas. The SCI zone district contains uses that may not be appropriate in other
zone districts or do not require or generate high customer traffic volumes, and permits
customary accessory uses.
B. Permitted Uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (SCI) zone district. Each of the permitted uses may have,
in combination, ~ °~°'w°~ 10' °"''° n°~- °-°° a limited percent of the floor area, as
noted below, devoted to retail sales, offices, showroom, or customer reception, and such
uses shall be ancillazy to the primary commercial use. This floor area percentage maybe
increased through Special Review by the Planning and Zoning Commission, pursuant to
Section 26.430.050, and according to the standards of Section 26.710.160(E)2.
L) SCI Uses which may use up to 100% of the floor area for retail sales, e€fiEes;
showroom, or customer reception include the manufacturing, repair, servicing, detailing,
sales, and rental of consumer goods such as:
a)Building materials, components, hardwaze, fixtures, interior knishes and
equipment.
b)Household appliances such as ranges, refrigerators, dishwashers, etc.
c)Automobiles, Motorcycles, Motor-driven cycles, and Motorized bicycles,
including parts.
d}Non-motorized vehicles such as bicycles and river-related recreational
items, for rental and/or in combination with a service use related to guiding
or touring.
e)Fabric and sewing supply.
2) SCI Uses which may use, in combination, up to 25% of the floor area for accessory
retail sales, °C~ showroom, or customer reception including the manufacturing,
repair, alteration, tailoring, and servicing of consumer goods such as, electronic
equipment; floral arrangements; furniture; clothing; or sporting goods:
b) Typesetting and printing, including copy center.
c) Photo processing laboratory.
d) Locksmith.
e) Post Office branch.
f) Shipping and receiving services.
h) Catalogue sales store or Internet auction consignment outlet.
i) Laundromat.
j) Commercial dry cleaning.
k) Recycling center.
"" "~;a. (see conditional use section)
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b ~ r a
n) Veterinary clinic.
o) Animal boarding facility.
p) Animal grooming establishment.
c~ Brewery and brewing supply, tasting limited to 16 oz. per person per day (also see
Section 26.104.100 Definitions).
r) Coffee roasting and supply.
s) Commercial Kitchen or Bakery.
t) Tattoo Parlor and/or body piercing.
"`.r~-iivcid~:n. (see conditional use section)
v) Desilnt Studio, limited to the Andrews-McFarlin Subdivision.
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31 SCI Llses which may use, in combination, up to 10'% of the. floor area for accessory
retail sales, showroom, or customer reception:
a) Building/landscapernaintenance facility.
b) Automobile washing facility.
c) Warehousing and storage.
d) p °~^~•,a'ro Broadcast media production on BasemenC or Upper Floors
4~ Office Uses permitted:
a) Medical Offices, on Upper Floors, pursuant to Section 26.710.1.60 (D)ll(b).
~) Permitted Accessory Uses:
a) Service yard accessory to a permitted use.
b) Sales and rental accessory and incidental to a permitted use.
c) Accessory buildings and uses.
d) Home occupations.
e) Offices, accessory to a permitted or conditional use, not. to exceed 10°io of a
commercial unit.
C. Conditional uses. The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards--arid
procedures established in Chapter 26.425.050 Procedures for Review, and the standards
established in Section 26.7I0.160(F).
Under Section 26.710.160(C)1-5, the Commission shall establish the appropriate amount
of floor area to be devoted to retail sales, office, showroom, or customer reception for
each conditional use during the review, pursuant to the review standards of Section
26.710.160 (F)l.
Under Section 26.710.160(0)6-7, the Corznnission shall review the site plan to detenniue
compliance pursuant to the review standards of Section 26.71Q.160(F)2, and establish
conditions of approval as needed.
1. Consignment retail establishment.
2. Commercial Parking Facility, pursuant to Section 26.515.
3. Gasoline service station.
4. Artist's Studio
5. TaxidermisC
6. Affordable Multi-Family Housing on Upper Floors.
7. Free-Market Multi-Family Housing on Upper Floors.
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D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Service/Commercial/ Industrial (S/C/I) zone
district:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet: No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
7. Minimum Utility/Trash/Recycle area: Pursuant to Section 26.575.060.
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8. Maximum height: 35 feet °'-~~'.; ::~ ~ ~~ ?...._uc_a :~ ^" ~°~"'--^~~~~" ^,._ ~~*~_
nn,,.v:«,. ,.«.:,.«n.
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a)- An additic~naa-~-feet-f>€--total-."n°:ai„ « ,'~°, n .°,' ptit~uant-fe-special
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9. Minimum distance between buildings on the lot (feet): No Requirement.
10. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
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I1. Floor Area Ratio (FAR): The following FAR schedule applies to uses
cumulatively up to a total maximum FAR of ~ 2.25:1.
a) Commercial Uses: 1.5:1.
b) Medical Offices: 15% of a building, or .25:1 FAR, only if a minimum of
.75:1 FAR of Commercial uses exist on the same parcel.
c) Affordable Multi-Family Housing: .5:1.
d) Free-Market Multi-Family Housing:.25:1, only if a minimum of .75:1
FAR of Commercial Uses exist on the same parcel Free-Market Multi-
Family Housing~:.5:1, only if a minimum of .75:1 FAR of Commercial
Uses exist on the same parcel, and a minimum of ?5:1 FAR of Medical
Office Uses exist on the same parcel.
12. Maximum multi-family residential dwelling_unit size (square feet): 2,000 sq. ft. of
net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing Historic Transferable Development Right Certificates
("certificate" or "certificates"), suhjeet to the following:
(1) The t~~nsfer ratio is 500 sq. ft. of net livable area for each cen~ificatc
that is purchased.
(2) The additional square footage accrued may be applied to multiple
Lmits. Flowcver, the maximum individual unit size attainable by
transferring development rights is 2,500 sq. ft. of net livable area (i.e., no
more than 500 additional square feet may be applied per unit).
(3) This incentive applies only to individual unit size. Transferring
development rights does not allow an increase in the Floor Area Ratio
(FAR) of the lot.
Conznientan~: Refer to Chapter 26.535 for the hrocect2rres fvr ea anguishing
certificates.
E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430.050, and
shall be approved, approved with conditions, or denied based on conformance with the
following criteria:
1. To increase the allowable height the applicant shall demonstrate the need for
additional height, the appropriateness of the additional height and massing
considering the context in which the building will be developed, and shall
demonstrate consistency with the purpose of the SCI Zone District. Five (5) feet of
additional height may be approved a.,--a ~ ~ «~ ~ .'-~: `'°-'°'°Y ° -"'"'"""" °`
-,~,, env ,.aer•r,.,...:.,°°.. °^°^°°: to increase the usable floor-to-ceiling height of
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the ground floor. The height increase shall not be used to accommodate additional
ceiling height for residential uses. Only one five-foot height increase may be
approved, even if both development options are taken.
2. To increase the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for such additional space and shall demonstrate consistency with the
purpose of the SCI Zone District. The additional approved percentage for a specific
use shall be limited to that use and not applicable to subsequent uses in the same
space.
F: Conditional Review S'taadards.
Whenever applications subject to Conditional lJse Review under Section 26.710.160(0)1-
3, the development application shall be processed as a Couditional Lise, pursuant to
Section 26.430.050, and shall be approved, approved with conditions, or denied based on
conformance with the criteria outlined in Section 26.710.160(F)1.
Whenever applications subject to Conditional i,Ise Review under Section 26.710.160(C)4-
>, the application shall be processed as a Conditional Use, pursuauC to Section
26.430.050, and shall be approved, approved with. conditions, or denied based on
conformance with the criteria outlined in Section 2fi.710.160(P)2:
}. 'I'o establish the a lovable percentage of interior space assigned to retail,
showroom, or customer reception area, the applicant shall demonstrate the need
and appropriateness for the space and shall demonstrate consistency with the
purpose of the SCI 7_one District. The approved percentage for a specific use
shall be limited to that use and not applicable to subsequent uses in the same
space.
2. The applicant must demonstrate that the affordable housing and/or free market
housing is substantially removed and physically separated from Commercial L)St:S
on the same parcel, to the extent practicable, so as to isolate residential uses from
commercial impacts and to adequately provide for on-loading, off-loading,
circulation and parking for commercial uses.
Section Z:
Section 26.104.100 -Definitions, which section defines various terms, shall include as
follows:
Medical or defitai office: An office of practitioners of the medical arts, where the
primary use is the delivery of health care services on an outpatienC basis, where sale
of merchandise is incidental to the sale of services, and where no overnight
accommodations are provided.
Section 3:
A public hearing on the Resolution was held on the 29th day of January, 2008, at
4:30 p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, fifteen (15)
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days prior to which hearing a public notice of the same was published in a newspaper
of general circulation within the City of Aspen.
Attest:
n `, ~ ~/
City Clerk ,Chair
GrC ~ c Lc ti-r1;~C i Pe a`~~ ~Y~~~rrm ~¢`
FINALLY, adopted, passed and approved this 29th day of January, 2008.
Approved as to form:
ity Attorney
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