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HomeMy WebLinkAboutLand Use Case.CU.315 E Dean St.A88-92315ETea144)�- Text Amendment-L//TR Zone Conditional Use Review for Lodge Parking A88-92 i j �-Iv CI 'A a I� CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 10 29 92 PARCEL ID AND CASE NO. DATE COMPLETE: )1 J - - - A88-92 STAFF MEMBER: DM PROJECT NAME: Text Amendment-L/TR Zone Conditional Use Review for Commercial Parking Project Address: The Ritz -Carlton, Aspen Hotel APPLICANT: Savanah Limited Partnership Applicant Address: 600 East Cooper Street, Suite 200, Aspen, CO 81611 925-4272 REPRESENTATIVE: Perry Harvey Representative Address/Phone: Same -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 1976.00 # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 1976.00 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP: x P&Z Meeting Date 5 PUBLIC HEARING: yj�) NO VESTED RIGHTS: YES NO CC Meeting Date Z 5 1"t` f-'-"''UBLIC HEARING: YES NO zmp�', VESTED RIGHTS: YES NO r� DRC Meeting Date j L- ____________________________ REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center DATE REFERRED:/-k + INITIALS: `v DUE: ----------------=----------------------------------------------- ---------------------------------------------------------------- FINAL ROUTING: p✓� �Af PGus% DATE ROUTED: INITIAL: City Atty 1/� City Engineer Zoning Env. Health Housing Open Space Other: School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other SfV-CE "is Other FILE STATUS AND LOCATION: 12 ORDINANCE 7 j (SERIES OF 1993) l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 24-5-214.C. - CONDITIONAL USES FOR THE L/TR (LODGE / TOURIST RESIDENTIAL) ZONE DISTRICT. WHEREAS, Section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at public hearing, and then approved, approved with conditions, or disapproved by the City Council at public hearing; and WHEREAS, the Planning Director did receive from Savanah Limited Partnership, and reviewed and recommended for approval, certain text amendments to Chapter 24; and WHEREAS, the Aspen Area Community Plan Transportation Action Plan outlines a comprehensive, integrated transportation plan to reduce traffic congestion and improve air quality and offer alternatives to the use of private automobiles; and WHEREAS, the Planning and Zoning Commission reviewed and approved at public hearing on January 5, 1993, those code text amendments as recommended by the Planning Director pursuant to procedure as authorized by Section 24-6-205 (A) 8 of the Municipal Code; and WHEREAS, the City Council finds that the proposed text amendments as approved and recommended by the Planning and Zoning Commission are consistent with the goals and elements of the Aspen Area Comprehensive Plan, the Transportation Action Plan, and are 1 not in conflict with other portions of Chapter 24; and WHEREAS, the City Council finds that the proposed text amendments will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood characteristics and will be consistent with the public welfare and the purposes and intent of Chapter 24 of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1• Section 5-214.C., "Lodge/Tourist Residential - Conditional Uses" of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of new subsection 11511, which new text shall read as follows: 115. Commercial parking utilizing excess or vacant spaces on a parcel occupied by a lodge, hotel, or other commercial operation. A commercial parking operation shall include traffic management methods to reduce vehicular congestion and improve air quality in the community."" Section 2• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3• If any section, subsection, sentence, clause, phrase, or K 1 portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: A public hearing on this Ordinance shall be held on the day of , 1993 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the - day of 1993. 641 John Bennett, Mayor A ST• Kathryn Roch, City Clerk 71 FINALLY, adopted, passed and approved this day of `T�Q•t.C.1c..� 1993. John Ilennett, Mayor ATTEST: Kathryn V Koch, City Clerk 3 MEMORANDUM O i TO: Mayor and City CouncilXA THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Direc or (�J' FROM: Kim Johnson, Planner p Y/ DATE: March 22, 1993 RE: Text Amendment for Commercial Parking as a Conditional Use in the L/TR (Lodge/Tourist Residential) Zone District - Second Reading of Ordinance 7, Series 1993 (tabled from March 8, 1993) SUMMARY: This item was tabled from the March 8, 1993 Council meeting in order for staff to incorporate language which wikl_____( emphasize the implementation of goals stated in the Transportation Action Plan. Since March 8, Ordinance 7 has been amended to include the following language: (Conditional Uses in the L/TR zone:) 115. Commercial parking utilizing excess or vacant spaces on a parcel occupied by a lodge, hotel, or other commercial operation. A commercial parking operation shall include traffic management methods to reduce vehicular congestion in the community." "a The ordinance also includes a new "whereas" section which references the AACP Transportation Action Plan. The Planning and Zoning Commission recommends approval of this text amendment (as amended) which will allow commercial parking in the L/TR zone district as a Conditional Use, upon review and approval by the Planning Commission. First reading was held on February 8, 1993 and was passed 5-0. BACKGROUND: The text amendment is being proposed by Savanah Limited Partnership for future applicability by the Ritz -Carlton Hotel. The proposed amendment will affect the areas in the city limits zoned L/TR, Lodge/Tourist Residential. See Exhibit "A" for the zoning map inset of the L/TR zone districts. Commercial Parking is a permitted use only within the CC (Commercial Core) zone district. The O (Office) zone allows commercial parking as a conditional use. The Ritz -Carlton Hotel is located in the L/TR zone district and has completed a 217 space 1 underground parking garage. The Hotel anticipates that there will be many unused parking spaces based on seasonal variations in hotel occupancy and wishes to be able to rent these spaces on a daily basis to the general public. The Hotel has submitted both this text amendment application as well as an application for Conditional Use under the proposed text. The Conditional Use application will not be scheduled for review until the proposed text amendment is ratified by ordinance adoption. CURRENT ISSUES: The Aspen Area Community Plan Transportation Action Plan outlines a comprehensive, integrated transportation plan to reduce traffic congestion and offer alternatives to use of the private automobile. Two components of the Transportation Plan are the establishment of a pay -for -parking system and a resident permit parking program. Implementation of these programs will require the City to have a variety of alternatives in place to adequately manage our transportation problems. One of the Action Plan recommendations was to determine the number of under-utilized private parking spaces within the commercial core area and to create ways for the public to utilize these spaces. The reasons behind this recommendation were to explore ways to increase efficient use of existing parking stock to reduce congestion and assist in parking management strategies for the citizens and guests -of Aspen. Through a recent inventory of public parking spaces within the commercial core, it was determined that over the past several years the City has reduced the overall number of on -street parking spaces while development has continued. This, along with the increased traffic volumes in the upper Roaring Fork Valley, has contributed to the increased traffic congestion within the commercial core and nearby residential neighborhoods. Additionally, a survey of residential neighborhoods adjacent to the commercial core has estimated that there are at least 700 "spill -over" vehicles currently parking in the residential neighborhoods at the peak time (noon to 4pm) during the peak winter season. The City needs a variety of options to deal with parking management. The ability to offer private rental parking promoted by this text amendment is just one aspect of the transportation plan. Staff and the Commission find that the review standards for text amendments are met by this proposal. Complete review criteria and responses are attached as Exhibit "B". Referral comments from Engineering are attached as Exhibit "C". At first reading, Councilman Richards requested that staff look into additional language to add to the Conditional Use review criteria regarding public notification of seasonal use limitations of individual parking garages. Staff has discussed this in consideration of the existing Conditional Use review text, and believes that when reviewing individual parking applications the Planning and Zoning Commission already has the authority to require any management tools it deems appropriate to limit community impacts and ensure smooth operation. Therefore, no changes are proposed for the Conditional Use criteria. FINANCIAL IMPLICATIONS: None are anticipated. RECOMMENDATION: The Planning and Zoning Commission discussed this amendment at length. The language submitted by Savanah read: "Commercial parking on a day use basis for excess capacity in a parking structure or garage built on the same parcel as, and in connection with, a full service hotel." The Commission wanted more flexibility in the new text than was proposed by the Applicant. Rather than limit commercial parking to day use only, they were open to the idea of longer terms for individual renters of spaces, ie. monthly or seasonal timeframes. Additionally, any lodge or commercial operation should be eligible for Conditional Use approval if they have excess parking. It is not recommended that uses other than lodge/hotel or commercial sites be able to utilize this Conditional Use provision. As each situation would be reviewed on an individual basis, the Commission felt comfortable with the wider range of possibilities. Another reason for not limiting the text amendment to daily rentals is that the Commission believes that the new Transportation and Parking Director will be in closer touch with the commercial core parking situation, and communication with the operators of these parking lot will be enhanced. On the other hand, the Commission recognized that a certain dependency might grow on the part of the users of these parking spaces. When high lodge demand eliminates the previously available spaces, the drivers will seek other alternatives, some perhaps not very desirable, ie. the 90-minute shuffle, or parking in nearby residential neighborhoods. However, the Commission was enthusiastic about trying the new system out in conjunction with future parking alternatives, and forwards the following language for Council's approval: "Commercial parking utilizing excess or vacant spaces on a parcel occupied by a lodge, hotel, or other commercial operation." ALTERNATIVES: The Council could accept the language as submitted by the Commission or by the Applicant, limiting rental parking to day use only. The Council could elect to deny the proposal. PROPOSED MOTION: "I move to approve on second reading Ordinance 7, Series 1993 amenuing the list of Conditional Uses in the L/TR 3 zone district (Section 24-5-214.C.) to read: "5. Commercial parking utilizing excess or vacant spaces on a parcel occupied by a lodge, hotel, or other commercial operation. A commercial parking operation shall include traffic management methods to reduce vehicular congestion in the community." CITY MANAGER COMMENTS: Exhibits: Ordinance 7, Series 1993 "A" - Map of L/TR Zone District Locations "B" - Review Criteria / Responses for Text Amendments "C" - Engineering Referral Comments "D" - Clean Air Advisory Board Resolution Recommending Denial 4 y Council Exhibit Approved , 19 By Ordinance Text Amendment for Commercial Parking in L/TR Zone Districts Section 24-7-1102 of the Aspen Municipal Code establishes the review criteria for text amendments: 1) Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed amendment is not in conflict with the zoning regulations, but is an expansion of the regulations. 2) Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: This proposed amendment will provide limited number of additional parking adjacent to the core area and mountainside attractions. It is evident that this area of the City is heavily impacted by the automobile and by offering alternatives to use of the auto, along with better parking management, traffic congestion should decrease. One of the goals of the AACP is to reduce traffic congestion and air pollution in the downtown area. 3) Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: As proposed, the amendment would apply to the large portion of the downtown area next to the base of the mountain zoned L/TR. The natural attraction of the gondola area and base activities can support additional parking. Each proposed site and operation plan would be reviewed individually under the Conditional Use criteria to determine specific positive and negative impacts. Staff discussed the possibility of incorporating this amendment into other commercial and lodge districts. Again, each proposal would receive individual consideration before a business could rent excess parking on a daily basis. If this idea appeals to P&Z and Council, staff should be directed to prepare another text amendment to this effect. 4) The effect of the proposed amendment on traffic generation and road safety. Response: Utilizing available parking for general public use should reduce on -street parking congestion to a degree in the area surrounding a site which has an approved Conditional Use to rent spaces. This proposed amendment could also eliminate some vehicle movement caused by the 90-minute parking "shuffle" which occurs when guests and employees move their autos to avoid parking tickets. As each site is evaluated through a Conditional Use public hearing, potential problems would be identified and considered. 1 5) Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and -emergency medical facilities. Response: As mentioned in the City Engineer's comments, paid parking on private property might lessen usage of the Rio Grande parking structure, but this should not be a reason to deny this code amendment. However, there is a basic difference in parking users of the Rio Grande Garage and those users of potential L/TR parking. Pricing and location will likely keep the Rio Grande facility at maximum occupancy. The flexibility allowed by the amendment could potentially forestall construction of other municipal parking facilities. No other impacts to public facilities are expected by this proposal. 6) Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: In the case of established parking areas, full utilization would reduce on -street parking and the parking "shuffle" mentioned earlier, which in turn should improve air quality. Once residents and visitors are aware of other parking options, "drive around" traffic could also be reduced. If a new project is approved to include excess rental parking, no detrimental environmental effects are anticipated because the project must still meet underlying zoning requirements for setbacks, open space, and landscaping. 7) Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Reducing on -street parking reduces air pollution and the visual intrusion of the automobile. This may also open the door to provide alternative pedestrian areas on the street level. 8) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The downtown core has witnessed a reduction of parking spaces in recent years along with an increase in auto traffic. More efficient use of any available parking spaces will help this situation for guests and local citizens. 9) Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. 9 Response: The proposal does not conflict with public interest. It should enhance the conditions of the core area. By insuring review of each plan as a Conditional Use, the intent of the zone districts and use of specific sites will be upheld. Q City Council Exhibity _, Approved 19 _ 9v Ordinance MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer O p Date: December 21, 1992 Re: Text Amendment-L%TR Zone Conditional Use Review for Commercial Parking Having reviewed the above referenced application, the Engineering Department has the following comments: 1. In discussing the application with the public works director, our primary concern is for possible negative impacts to the public rights -of -way. The proposal may result in more actual traffic on streets in the area, but not necessarily more than the project was designed for when traffic generation and design trips per day were considered. There could be a concern that hotel guests may find their parking spaces rented out to day users, and thereby be forced to park on city streets. But it is doubtful that a hotel of the quality of a Ritz -Carlton would operate in such a manner. Nevertheless, the application 'appears to be lacking in making a policy statement that precludes abuse. We also discussed the possibility of loss of business at the City Parking Plaza, but this did not appear to be reason to recommend against the proposal 2. The proposed language could be modified from "excess capacity" to "fluctuating demands on design capacity." I We have discussed with the Planning Office the possibility of applying this amendment to other zone districts than just L/TR. The Engineering Department suOports this concept. The conditional use review process would allow for thorough examination of varying conditions for different applications, such as whether more parking is desirahle in certain parts of town. 4. The Planning Office has confirmed that the Transportation Implement<<tion Committee has approved this proposal, and through that committee, the Commercial Core acid Lodging Commission. We recommend that the new Transportation Director he consulted also. Page 2 Text Amendment December 21, 1992 S. Other considerations might be addressing the proposal on a "sunset" ordinance basis, requiring annual review, reporting, fees hourly only, or flat rate, daily use only. 6. The proposal implies that developers could build more parking than required for their project and lease or rent it out. This could be beneficial to the community. Perhaps such developments might lead to condominiumized parking places in the future. The proposal could possibly therefore be an incentive to provide additional parking in Aspen. cc: Bob Gish, Public Works Director C Council Exhibit -D Approved , 19 _ By Ordinance A RESOLUTION OF THE ASPEN/PITKIN CLEAN AIR ADVISO- RY BOARD RECOMMENDING DEFEAT ON SECOND READING OF PROPOSED ORDINANCE 7 (series of 1993) ALLOWING PAID COMMERCIAL PARKING IN THE L/TR ZONE DISTRICT WHEREAS, the Aspen City Council has passed on first reading (for further consideration) Ordinance 7 (series of 1993) allow- ing commercial parking utilizing excess or vacant spaces on a parcel occupied by a lodge, hotel, or other commercial opera- tion; and WHEREAS, The Aspen/Pitkin Clean Air Advisory Board is a legally constituted City/County board whose members are formally ap- pointed, respectively, by The Aspen City Council or The Pitkin County Board of Commissioners to serve the respective governing bodies as advisors on public health matters related to air qual- ity; and WHEREAS, the City of Aspen has been determined by Federal and State agencies to be in violation of regulations governing the maximum permissible concentration of PM-10 air pollution, with consequent danger to the public health; and WHEREAS, the City of Aspen has formally undertaken to satisfy its public health obligations under Federal and Colorado law by reducing automobile use, through recently enacted City legisla- tion designed to create driving disincentives by mandating park- ing disincentives; and WHEREAS, the proposed Ordinance 7 (series of 1993 ) would result in an. immediate and open-ended increase in the potential number of parking spaces in the L/TR zone district, such number 'to be determined by private commercial considerations; and WHEREAS, the Aspen/Pitkin Clean Air Advisory Board believes that City legislation to increase the supply of in -town parking spaces will act as a driving incentive; and WHEREAS, commercial parking operators will create additional driving incentives by immediately promoting this new and prof- itable service, since many potential operators can initiate this service with little or no added investment on their part; and WHEREAS, the City is currently in the process of evaluating comprehensive transportation planning options including parking, with the help of citizen committees devoted to that purpose; and WHEREAS, the creation of a new class of parking service by zon- ing code amendment cannot be properly evaluated for public health impact, except in connection with an enacted comprehensive transportation plan; NOW, THEREFORE BE IT RESOLVED THAT: the Aspen/Pitkin Clean Air Advisory Board hereby advises the City Council not to pass, on second reading, proposed Ordinance 7 (series of 1993) since it will add parking spaces at a time when the City is under a Federal mandate to reduce PM-10 air pollution, and therefore must discourage automobile driving. BE IT FURTHER RESOLVED THAT: the Aspen/Pitkin Clean Air Advisory Board would like to state again that we must address our main concern to the PM-10 prob- lem. Therefore, we strongly recommend against any action that would increase the number of parking spaces in town, in any way, at this time. RESOLVED, APPROVED AND ADOPTED this 10th day of February, 1993 at its regular monthly public meeting by the Aspen/Pitkin Clean Air Advisory Board by a vote of 4 in favor, 1 against and 1 abstention. Signed: -,f.�� /J ✓ dated 3 Shellie Roy -Harper, chair Aspen/Pitkin Clean Air Advisory Board j MEMORANDUM , O TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Directo FROM: Kim Johnson, Planner DATE: March 8, 1993 RE: Text Amendment for Commercial Parking as a Conditional Use in the L/TR (Lodge/Tourist Residential) Zone District - Second Reading of Ordinance 7, Series 1993 SUMMARY: The Planning and Zoning Commission recommends approval of this text amendment (as amended) which will allow commercial parking in the L/TR zone district as a Conditional Use, upon review and approval by the Planning Commission. First reading was held on February 8, 1993 and was passed 5-0. BACKGROUND: The text amendment is being proposed by Savanah Limited Partnership for future applicability by the Ritz -Carlton Hotel. The proposed amendment will affect the areas in the city limits zoned L/TR, Lodge/Tourist Residential. See Exhibit "A" for the zoning map inset of the L/TR zone districts. Commercial Parking is a permitted use only within the CC (Commercial Core) zone district. The O (Office) zone allows commercial parking as a conditional use. The Ritz -Carlton Hotel is located in the L/TR zone district and has completed a 217 space underground parking garage. The Hotel anticipates that there will be many unused parking spaces based on seasonal variations in hotel occupancy and wishes to be able to rent these spaces on a daily basis to the general public. The Hotel has submitted both this text amendment application as well as an application for Conditional Use under the proposed text. The Conditional Use application will not be scheduled for review until the proposed text amendment is ratified by ordinance adoption. CURRENT ISSUES: The Aspen Area Community Plan Transportation Action Plan outlines a comprehensive, integrated transportation plan to reduce traffic congestion and offer alternatives to use of the private automobile. Two components of the Transportation Plan are the establishment of a pay -for -parking system and a resident permit parking program. Implementation of these programs will require the City to have a variety of alternatives in place to adequately manage our transportation problems. 1 One of the Action Plan recommendations was to determine the number of under-utilized private parking spaces within the commercial core area and to create ways for the public to utilize these spaces. The reasons behind this recommendation were to explore ways to increase efficient use of existing parking stock to reduce congestion and assist in parking management strategies for the citizens and guests of Aspen. Through a recent inventory of public parking spaces within the commercial core, it was determined that over the past several years the City has reduced the overall number of on -street parking spaces while development has continued. This, along with the increased traffic volumes in the upper Roaring Fork Valley, has contributed to the increased traffic congestion within the commercial core and nearby residential neighborhoods. Additionally, a survey of residential neighborhoods adjacent to the commercial core has estimated that there are at least 700 "spill -over" vehicles currently parking in the residential neighborhoods at the peak time (noon to 4pm) during the peak winter season. The City needs a variety of options to deal with parking management. The ability to offer private rental parking promoted by this text amendment is just one aspect of the transportation plan. Staff and the Commission find that the review standards for text amendments are met by this proposal. Complete review criteria and responses are attached as Exhibit "B". Referral comments from Engineering are attached as Exhibit "C". At first reading, Councilman Richards requested that staff look into additional language to add to the Conditional Use review criteria regarding public notification of seasonal use limitations of individual parking garages. Staff has discussed this in consideration of the existing Conditional Use review text, and believes that when reviewing individual parking applications, the Planning and Zoning Commission already has the authority to require any management tools it deems appropriate to limit community impacts and ensure smooth operation. Therefore, no changes are proposed for the Conditional Use criteria. FINANCIAL IMPLICATIONS: None are anticipated. RECOMMENDATION: The Planning and Zoning Commission discussed this amendment at length. The language submitted by Savanah read: "Commercial parking on a day use basis for excess capacity in a parking structure or garage built on the same parcel as, and in connection with, a full service hotel." The Commission wanted more flexibility in the new text than was proposed by the Applicant. Rather than limit commercial parking to day use only, they were open to the idea of longer terms 2 forindividual renters of spaces, ie. monthly or seasonal timeframes. Additionally, any lodge or commercial operation should be eligible for Conditional Use approval if they have excess parking. It is not recommended that uses other than lodge/hotel or commercial sites be able to utilize this Conditional Use provision. As each situation would be reviewed on an individual basis, the Commission felt comfortable with the wider range of possibilities. Another reason for not limiting the text amendment to daily rentals is that the Commission believes that the new Transportation and Parking Director will be in closer touch with the commercial core parking situation, and communication with the operators of these parking lot will be enhanced. On the other hand, the Commission recognized that a certain dependency might grcw on the part of the users of these parking spaces. When high lodge demand eliminates the previously available spaces, the drivers will seek other alternatives, some perhaps not very desirable, ie. the 90-minute shuffle, or parking in nearby residential neighborhoods. However, the Commission was enthusiastic about trying the new system out in conjunction with future parking alternatives, and forwards the following language for Council's approval: "Commercial parking utilizing excess or vacant spaces on a parcel occupied by a lodge, hotel, or other commercial operation." ALTERNATIVES: The Council could retain the language as submitted by the Applicant limiting rental parking to day use only. The Council could elect to deny the proposal. PROPOSED MOTION: "I move to approve on second reading Ordinance 7, Series 1993 amending the list of Conditional Uses in the L/TR zone district (Section 24-5-214.C.) to read: "5. Commercial parking utilizing excess or vacant spaces on a parcel occupied by a lodge, hotel, or other commercial operation." CITY MANAGER COMMENTS: - Exhibits : p_ �fi J 3 Ordinance 7, Series 1993 "A" - Map of L/TR Zone District Locations "B" - Review Criteria / Responses for Text Amendments "C" - Engineering Referral Comments MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager J. rnf THRU: Diane Moore, City Planning Director �rJ FROM: Kim Johnson, Planner DATE: February 8, 1993 RE: Text Amendment for Commercial Parking as a Conditional Use in the L/TR (Lodge/Tourist Residential) Zone District - First Reading of Ordinance, Series 1993 SUMMARY: The Planning and Zoning Commiss'Mcom§mends approval of this text amendment (as amended) commercial parking in the L/TR zone districtas Condiupon review and approval by the Planning Commiss1 BACKGROUND: The text amendment is being proposed by Savanah Limited Partnership for future applicability by the Ritz -Carlton Hotel. The proposed amendment will affect the areas in the city limits zoned L/TR, Lodge/Tourist Residential. See Exhibit "A" for the zoning map inset of the L/TR zone districts. Commercial Parking is a permitted use only within the CC (Commercial Core) zone district. The O (Office) zone allows commercial parking as a conditional use. The Ritz -Carlton Hotel is located in the L/TR zone district and has completed a 217 space underground ] arage. The Hotel anticipates that there will be many nused parking space based on seasonal variations in hotel occupancy an wis able to rent these spaces on a daily basis to the general public. The Hotel has submitted both this text amendment application as well as an application for Conditional Use under the proposed text. The Conditional Use application will not be scheduled for review until the propose text amendment is ratified by ordinance adoption. CURRENT ISSUES: The Aspen Area Community Plan Transportation Action Plan outlines a comprehensive, integrated transportation plan to reduce traffic congestion and offer alternatives to use of the private automobile. Two components of the Transportation Plan are the establishment of a pay -for -parking system and a resident permit parking program. Implementation of these programs will require the City to have a variety of alternatives in place to adequately manage our transportation problems. One of the Action Plan recommendations was to determine the number of under-utilized private parking spaces within the commercial core 1 area and to create ways for the public to utilize these spaces. The reasons behind this recommendation were to explore ways to increase efficient use of existing parking stock to reduce congestion and assist in parking management strategies for the citizens and guests of Aspen. Through a recent inventory of public parking spaces within the commercial core, it was determined that over the past several years the City has reduced the overall number of on -street parking spaces while development has continued. This, along with the increased traffic volumes in the upper Roaring Fork Valley, has contributed to the increased traffic congestion within the commercial core and nearby residential neighborhoods. Additionally, a survey of residential neighborhoods adjacent to the commercial core has estimated that there are at least 700 "spill -over" vehicles currently parking in the residential neighborhoods at the peak time (noon to 4pm) during the peak winter season. The City needs a variety of options to deal with parking management. The ability to offer private rental parking promoted by this text amendment is just one aspect of the transportation plan. Staff and the Commission find that the review standards for text amendments are met by this proposal. Complete review criteria and responses are attached as Exhibit "B". Referral comments from Engineering are attached as Exhibit "C". FINANCIAL IMPLICATIONS: None are anticipated. RECOMMENDATION: The Planning and Zoning Commission discussed this amendment at length. The language submitted by Savanah read: "Commercial parking on a day use basis for excess capacity in a parking structure or garage built on the same parcel as, and in connection with, a full service hotel." The Commission wanted more flexibility in the new text than was proposed by the Applicant. Rather than limit commercial parking to day use only, they were open to the idea of longer terms for individual renters of spaces, ie. monthly or seasonal timeframes. Additionally, any lodge or commercial operation should be eligible for Conditional Use approval if they have excess parking. It is not recommended that uses other than lodge/hotel or commercial sites be able to utilize this Conditional Use provision. As each situation would be reviewed on an individual basis, the Commission felt comfortable with the wider range of possibilities. Another reason for not limiting the text amendment to daily rentals is that the Commission believes that the new Transportation and Parking Director will be in closer touch with the commercial core parking situation, and communication with the operators of these parking lot will be enhanced. 2 On the other hand, the Commission recognized that a certain dependency might grow on the part of the users of these parking spaces. When high lodge demand eliminates the previously available spaces, the drivers will seek other alternatives, some perhaps not very desirable, ie. the 90-minute shuffle, or parking in nearby residential neighborhoods. However, the Commission was enthusiastic about trying the new system out in conjunction with future parking alternatives, and forwards the following language for Council's approval: "Commercial parking utilizing excess or vacant spaces on a parcel occupied by a lodge, hotel, or other commercial operation." ALTERNATIVES: The Council could retain the language as submitted by the Applicant limiting rental parking to day use only. The Council could elect to deny the proposal. PROPOSED MOTION: "I move to approve first reading of Ordinance , Series 1993 amending the list of Conditional Uses in the L/TR zone district (Section 24-5-214.C.) to include: its. Commercial parking utilizing excess or vacant spaces on a parcel occupied by a lodge, hotel, or other commercial operation." CITY MANAGER COMMENTS: Exhibits: Ordinance , Series 1993 "A" - Map of L/TR Zone District Locations "B" - Review Criteria / Responses for Text Amendments "C" - Engineering Referral Comments 9 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Kim Johnson,Planning RE: L/TR (Lodge / Tourist Residential) Text Amendment for Commercial Parking - public hearing DATE: January 5, 1993 SUMMARY: The Planning Office recommends approval of this text amendment which will allow commercial parking in the L/TR zone district as a Conditional Use, upon review and approval by the Planning Commission. APPLICANT: This text amendment is being proposed by Savanah Limited Partnership for future applicability by the Ritz -Carlton Hotel. LOCATION: This will affect the areas in the city limits zoned L/TR, Lodge/Tourist Residential. See Exhibit "A" for zoning map information. BACKGROUND: Commercial Parking is a permitted use only within the CC (Commercial Core) zone district. The Ritz -Carlton Hotel is located in the L/TR zone district. The Hotel has completed a 217 space underground parking garage. The Hotel anticipates that there will be many unused parking spaces based on seasonal variations in hotel occupancy and wishes to be able to rent these spaces on a daily basis to the general public. The Hotel has submitted both this text amendment application as well as an application for Conditional Use under the proposed text. The Conditional Use application will not be scheduled for review until the proposed text amendment is ratified by ordinance adoption. The draft Aspen Area Community Plan Transportation Action Plan outlines a comprehensive, integrated transportation plan to reduce traffic congestion and offer alternatives to use of the private automobile. Two components of the Transportation Plan are the establishment of a pay -for -parking system and a resident permit parking system. Implementation of these programs will require the City to have a variety of alternatives in place in order to adequately manage our transportation problems. A couple of obvious alternatives are increased utilization of existing parking spaces and/or construction of a new parking structure. Additionally, one of the Action Plan recommendations was to determine the number of under-utilized private parking spaces within the commercial core area and to create ways for the public to utilize these spaces. The reasons behind this recommendation were to explore ways to increase efficient use of existing parking stock to reduce congestion and assist in parking management strategies for the citizens and guests of Aspen. Through a recent inventory of public parking spaces within the commercial core, it was determined that over the last five years the City has reduced the overall number of on -street parking spaces while development has continued. This has contributed to the increased traffic congestion within the commercial core and nearby residential neighborhoods. A contributor to this is the overall increase in traffic volumes in the upper Roaring Fork Valley. Additionally, a survey of residential neighborhoods adjacent to the commercial core has estimated that there are at least 700 "spill- over" vehicles currently parking in the residential neighborhoods at the peak time (noon to 4pm) during the peak winter season. The City needs a variety of options to deal with parking management. The ability to offer private rental parking promoted by this text amendment is just one aspect of the comprehensive transportation plan. PROPOSAL: The applicant submitted new language for inclusion in the L/TR zone's list of Conditional Uses, Section 24-5-214.C. This proposed text would read: 115. Commercial parking on a day use basis for excess capacity in a parking structure or garage built on the same parcel as, and in connection with, a full service hotel." REFERRAL COMMENTS: A summary of City Engineer Chuck Roth's comments are as follows (complete memo is Exhibit "B"): 1) Proposed language should be modified from "excess capacity" to "fluctuating demands on design capacity". 2) Engineering supports the possibility of applying this amendment to other zone districts. Conditional use review allows for thorough examination of different applications. 4) Other considerations for this proposal might be "sunset" review of the ordinance, requirements for annual review/reporting, fees, etc. 5) Developers could build more parking than required by code and rent out spaces. This would be a community benefit. PROCESS: An amendment to the Land Use regulations in the Municipal Code requires a two-step review: recommendation by the Planning Commission and final adoption via ordinance adoption by the City Council. 2 STAFF COMMENTS: The applicant submitted language which provides for limited usage of commercial parking in the L/TR zone, ie. within a "parking structure or garage... in conjunction with a full service hotel." Staff prefers that the new text apply to parking configurations other than structures or garages, and not to limit a conditional Use to only "full service hotels". The land use regulations do not define a "full service hotel", so application of this language might be difficult. A small lodge might have as adequate a management capacity to monitor a day use parking situation as a larger lodge/hotel operation. It is not recommended that uses other than lodge/hotel or commercial sites be able to utilize this Conditional Use provision. Residential parcels would not have the monitoring capability that the other commercial ventures would have. Also, commercial parking is more compatible with businesses rather than residential uses. Also, as mentioned by the City Engineer, the proposed term "excess capacity" should be changed to "fluctuating demands on parking capacity". This would reflect the true nature of the situation, that even when a parking program (number of spaces) conforms to code requirements, actual demand may be low due to low occupancy or alternative transportation options provided by the lodge or commercial use. Under-utilized parking could then be rented to the public per conditions determined at the Conditional Use hearing. Section 24-7-1102 of the Aspen Municipal Code establishes the review criteria for text amendments: 1) Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed amendment is not in conflict with the zoning regulations, but is an expansion of the regulations. 2) Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: This proposed amendment will provide limited number of additional parking adjacent to the core area and mountainside attractions. It is evident that this area of the City is heavily impacted by the automobile and by offering alternatives to use of the auto, along with better parking management, traffic congestion should decrease. One of the goals of the AACP is to reduce traffic congestion and air pollution in the downtown area. 3) Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: As proposed, the amendment would apply to the large 3 portion of the downtown area next to the base of the mountain zoned L/TR. The natural attraction of the gondola area and base activities can support additional parking. Each proposed site and operation plan would be reviewed individually under the Conditional Use criteria to determine specific positive and negative impacts. Staff discussed the possibility of incorporating this amendment into other commercial and lodge districts. Again, each proposal would receive individual consideration before a business could rent excess parking on a daily basis. If this idea appeals to P&Z and Council, staff should be directed to prepare another text amendment to this effect. 4) The effect of the proposed amendment on traffic generation and road safety. Response: Utilizing available parking for general public use should reduce on -street parking congestion to a degree in the area surrounding a site which has an approved Conditional Use to rent spaces. This proposed amendment could also eliminate some vehicle movement caused by the 90-minute parking "shuffle" which occurs when guests and employees move their autos to avoid parking tickets. As each site is evaluated through a Conditional Use public hearing, potential problems would be identified and considered. 5) Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: As mentioned in the City Engineer's comments, paid parking on private property might lessen usage of the Rio Grande parking structure, but this should not be a reason to deny this code amendment. However, there is a basic difference in parking users of the Rio Grande Garage and those users of potential L/TR parking. Pricing and location will likely keep the Rio Grande facility at maximum occupancy. The flexibility allowed by the amendment could potentially forestall construction of other municipal parking facilities. No other impacts to public facilities are expected by this proposal. 6) Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: In the case of established parking areas, full utilization would reduce on -street parking and the parking "shuffle" mentioned earlier, which in turn should improve air quality. Once residents and visitors are aware of other parking options, "drive around" traffic could also be reduced. If a new 4 ! a pCjQxdP• A Cn¢k P--C� [ 'i"�4�Lnn �dP 3Kt�G�s U4�Lt �t N4-lQ � k// �SIRq�' project is approved to include excess rental parking, no detrimental environmental effects are anticipated because the project must still meet underlying zoning requirements for setbacks, open space, and landscaping. 7) Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Reducing on -street parking reduces air pollution and the visual intrusion of the automobile. This may also open the door to provide alternative pedestrian areas on the street level. 8) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The downtown core has witnessed a reduction of parking spaces in recent years along with an increase in auto traffic. More efficient use of any available parking spaces will help this situation for guests and local citizens. 9) Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: The proposal does not conflict with public interest. It should enhance the conditions of the core area. By insuring review of each plan as a Conditional Use, the intent of the zone districts and use of specific sites will be upheld. RECOMMENDATION: The Planning staff recommends adding the following language to the list of Conditional Uses in the L/TR zone: , rl- "5. Commercial parking to d u b i 6t T&,_04 ,fJAwtuating -dem&n&-"8n-�1ng--capaiajCy on a parcel �- o occupied by a lodge, hotel, or other commercial operation." RECOMMENDED MOTION: "I move to approve an amendment to Section 24- 5-214.C. of the Aspen Municipal Code adding a new use to the list of Conditional Uses for the L/TR (Lodge/Tourist Residential) zone district as recommended by Planning staff in the January 5, 1993 Planning Office memo." Exhibits: "A" - Zoning Map Indicating L/TR Zone Districts "B" - Engineering Referral Memo 5 PUBLIC NOTICE RE: AMENDMENT TO THE TEXT OF THE CITY OF ASPEN LAND USE CODE REGULATIONS, CHAPTER 24 OF THE ASPEN MUNICIPAL CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 5, 1993 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen, Colorado, amending City of Aspen Municipal Code Section 24-5-214, the Lodge/Tourist Residential (L/TR) Zone District, to add a conditional use to allow commercial parking on a day use basis for excess capacity in a parking structure or garage built on the same land parcel as, and in connection with, a full service hotel. For further information, contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, Colorado 920-5090 sf Jasmine Tygre, Chairman Planning and Zoning Commission Published in the Aspen Times on -December 18, 1992 City of Aspen Account SAVANAH LIMITED PARTNERSHIP October 21, 1992 Ms. Diane Moore Planning Director City of Aspen 130 S. Galena St. Aspen, CO 81611 Dear Diane, kv t Savanah Limited Partnership is submitting this request for an amendment to the text of Chapter 24 of the City of Aspen Municipal Code. This application is made pursuant to Section 7, Division 11. The request is to add a conditional use to Section 5-214, The Lodge/Tourist Residential (L/TR) Zone District. the change is to add "commercial parking on a day use basis for excess capacity in a parking structure or garage built on the same land parcel as, and in connection with, a full service hotel." Currently commercial parking is an allowed use in only the Commercial Core (CC) Zone District. It is not a conditional use in any of the zone districts. In connection with this request a conditional use application will be made for The Ritz -Carlton, Aspen Hotel to make full use of the 200 plus parking spaces underground within Lot 1 of the Aspen Mountain Subdivision. In compliance with Section 7-1102 of the City of Aspen code, the following is offered in response to the standards of review: According to Section 7-1102, the following are offered in response to the standards of review: a) Whether the proposed amendment is in conflict with any applicable portion of this Chapter. The only mention of parking lots and parking garages is in the Commercial Core zone district. Thus, this proposed amendment cannot be found to be in conflict with any applicable portions of this Chapter. b) Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. As a goal of Aspen Planning, the provision off-street parking has become a critical concern. In addition to the new Rio Grands structure, the plan has called for parking under Wagner Park. It is entirely consistent with the Comprehensive Plan to maximize available daily parking in the area surrounding Wagner Park at the base of the mountain. c) Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics The property is surrounded by Commercial Lodge, Commercial Core and the Rubey Park Transit Center. Surrounding the property are lodge and short-term condominiums which have limited off-street parking spaces. This area of town, because of its proximity to the Commercial Core and the gondola, is chronically short of parking for lodge guests and day skiers and shoppers. 600 E.Cooper St. Suite 200 9 Aspen, CO. 8161 1 • 303/925-4272 9 FAX 925-4387 Ms. Diane Moore October 21, 1992 Page -2- d) The effect of the proposed amendment on traffic generation and road safety. The lodge area at the base of Aspen Mountain has intense private auto traffic throughout the year. By providing as many as 100 spaces on a daily basis, the Ritz -Carlton will relieve the street system of many cars and ease the problem of people "cruising" looking for parking. At the very least, approval of this amendment will in no way increase traffic generation or decrease traffic safety. e) Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools and emeraencV medical facilities. Because this amendment is a request to utilize existing faciiities, there is no added impact on any public facilities. This amendment is not designed to create new growth or new structures, but only to better utilize capacity in existing facilities or those built in connection with new lodge development in the L/TR zone. f) Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. This proposed amendment will aid the natural environment by hopefully reducing auto traffic looking for parking spots on public streets near the gondola and thus reducing exhaust emissions and the creation of airborne dust particles. g) Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. This amendment addresses a goal of the City to provide parking off-street for as many peop!e as possible within the core of the City. By parking more day skiers underground, this amendment seeks to free up the streets of Aspen and reduce air pollution. h) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. During the past several years there has been an increase in automobile traffic and a corresponding decrease in the number of downtown parking spaces. This situation has led to more cars in the core. These conditions support the need for an amendment to maximize utilization of existing parking in the area at the base of Aspen Mountain. i) Whether the proposed amendment would be in conflict with the public interest. and is in_harmony with the purpose and intent of this chapter. Passage of this proposed amendment will serve the public interest by maximizing the existing parking infrastructure in the Aspen community. Passage will support the purpose of this chapter by aiding in reducing air pollution from the automobile and helping to reduce congestion on the City streets. As this request for an amendment to the text of Chapter 24 is being processed, Savanah is making application for a conditional use approval to allow the Ritz -Carlton, Aspen Hotel to use the excess capacity in the parking garage for day parking. Please review this request for an amendment to the code and notify me of timing for noticing. Sincerely yours, Per Harvey Perry Y PH:ks 100\CITY\3DM 1002.7L Y • � t1� 0 1) Project Nana-- TEXT AMENDMENT TO L/TR ZONE 2) Project: Location BASE OF ASPEN MOUNTAIN ( indicate strut address, lot & block number, ber, legal description where appropriate) 4) Lot Size 600 FAST COOPER #200. ASPEN, CO 21611 (303) 925-4272 6) Representative's Name, Address & Fume # PERRY HARVEY 600 EAST COOPER #200, ASPEN, CO 81611 (303) 925-4272 7) Type of Application (please check all that apply): Cord itional Use Daxn3tual SPA CayxVtual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 aline Doxnjtual PUD Minor Historic Dev. Stream Margin Final PUD Historic Demolition Mo mtain View Plane Subdivision historic Designation Condc o n i i m, i nation X Text/Map Amendment- GM2S Allotment Lot Splitflot Line CMZ�S Exemption Adjustment 8) Description of Existing rg Uses (ramber and type of eD sti Oar structures; approximate sq. ft-; r4mt)er of bedrocus; any previous approvals granted to the property) - FULL SERVICE HOTELS CANNOT USE EXCESS PARKING FOR DAY USERS 9) Description of Development Application ADD A CONDITIONAL USE TO L/TR TO ALLOW COMMERCIAL PARKING ON A DAY USE BASIS IN GARAGE BUILT IN CONNECTION WITH FULL SERVICE HOTELS 10) [lave you attadied the following? X Response to Attachment 2, Minimum Subm i sfiion tents X Rr'spo r e to Attachment 3, -,I-)ec. f is S bm i ssion Qentents X Response to Attachment 4, Review Standards for Your Application I SAVANAH LIMITED PARTNERSHIP September 4, 1992 Ms. Diane Moore Planning Director City of Aspen 130 S. Galena Aspen, CO 81611 Dear Ms. Moore, Savanah Limited Partnership is malting application for a code amendment to allow utilization of excess parking for day users for a fee in parking garages built in connection with full service hotels as a conditional use in the Lodge/Tourist Residential zone district. Further, we will be applying for a conditional use approval to utilize the garage at the Ritz -Carlton for day use under the terms of the proposed amendment. For the purpose of processing these two request Mr. Ferdinand Belz and Mr. Perry Harvey will be representing Savanah Limited Partnership. Sincerely, BY: ASPEN ENTERPRISES INTERNATIONAL, INC. Managing General Partner ByaA" Charles E. Wallace FIILE F.kUSERSMtEUAiJR MVMOMAR\MOORE-IET 600 E. Cooper Avenue, Ste. 200, Aspen, CO 81611, 303/925-4272, Fax 303/925-4387 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES CITY: -63250-134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 -63330-150 -63432-157 -63432-157 -00100-00000-31070 HISTORIC PRESERVATION: -63335-151 -63336-152 -63337-153 -63338-154 -63339-155 COUNTY -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63240-149 -63450-146 -63235-148 REFERRAL FEES: -63360-143 00115-63340-163 00123-63340-190 00125-63340-205 GMP/Conceptual GMP/Final SUB/Conceptual SUB/Final All-2 Step Applications All 1 Step Applications Staff Approval Zoning Plan Check Sign Permit Use Tax for Sign Permits Exemption Minor Major Devel. Signif. Devel. Demolition GMP/General GMP/Detailed GMP/Final SUB/General SUB/Detailed SUB/Final All 2 Step Applications All 1 Step Applications Staff Approval Board of Adjustment Zoning Plan Check Engineering - County Engineering - City Housing Environmental Health PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) Name: ' %A VA NA f+- (A' f -7 Z Phone: Address: �' C % �r� r Project TOTAL r1rP�7� Check #: /"" 0 y _Date: No of Copies: