HomeMy WebLinkAboutresolution.council.082-12 RESOLUTION N0. 829
(SERIES OF 2012)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
CODE AMENDMENTS TO ALLOWED HEIGHTS AND LAND USES IN THE
COMMERCIAL CORE (CC)AND COMMERCIAL (C-1) ZONE DISTRICTS.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore code amendments related to
the allowed heights and land uses in the Commercial Core (CC) and Commercial (C-1)
zone districts; and,
WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach to gain feedback from the community on
potential code changes to the CC and C-1 zone districts; and,
WHEREAS, the Public Outreach included three small group meetings, an Open
City Hall Forum, an on-line survey, and individual letters from members of the public;
and,
WHEREAS, the more than 200 individuals were engaged in the Public Outreach
process; and,
WHEREAS, the Community Development Director recommended changes to the
permitted uses and heights in the CC.and C-1 Zone Districts; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on August 27, 2012, the City Council approved Resolution No. 28, Series of 2012,
by a three to two (3 —2) vote, requesting code amendments to the CC and C1 zone districts;
and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Resolution No 82, Series 2012
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Section 1: Code Amendment Obiective
The objective of the proposed code amendments is to ensure new development in the CC
and C-1 zone districts respects the historic character and development pattern in the City,
and well as encourage continued vitality of the commercial uses in these zones.
Section 2: Heights
City Council provides the following direction regarding heights in the CC and C-1 zone
districts:
A. Three stories may be appropriate in some situations, but not every building should
be three stories in height. The Land Use Code should address this through
zoning, or some other review mechanism. Three stories and/or heights above 28
feet should not be uses by right, but should be reviewed by City Council.
B. Any third floor should include a significant setback to ensure minimal visual and
shading impact on the street.
C. Rooftop mechanical equipment and access stairs/elevators should be setback from
any street fagade to minimize their impact on the pedestrian environment.
D. Rooftop decks should be permitted, but only if setback from any street fagade to
minimize their impacts.
E. The first floor floor-to-floor height should be larger than upper floors.
F. A larger floor-to-floor measurement is appropriate in the CC zone district to
ensure continuity with Aspen's historic development pattern. For instance, 13 feet
to 15 feet may be appropriate.
G. A tall first floor floor-to-floor measurement is appropriate in the C-1 zone district
to encourage viable commercial spaces, but the height should be less than in the
CC zone. For instance, 11 feet to 13 feet may be appropriate.
Section 3: Land Uses
City Council provides the following direction regarding land uses in the CC and C-1 zone
districts:
A. Free-market residential uses should not be allowed in the CC and C-1 zone
districts.
B. Lodging uses should be encouraged in the CC and C-1 zone districts.
C. Affordable Housing is an appropriate use in the CC and C-1 zone districts. Some
allowances for off-site housing in order to encourage lodging uses may be
appropriate.
Section 4: Affordable Housing Mitigation
City Council provides direction to staff to examine code amendments related to
affordable housing mitigation and return to Council to receive further policy direction
through a Policy Resolution. Specific items for staff to review include:
A. Examine code changes to provide credits when a project retains an existing
buildings rather than providing a credit when a building is demolished.
B. Examine code changes to require mixed-use buildings to satisfy all affordable
housing mitigation requirements rather than the current policy of requiring only
the larger of multiple affordable housing mitigation requirements.
Resolution No 82, Series 2012
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Section 5:
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior resolutions or ordinances.
Section 6•
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
FINALLY,adopted this 27th day of August 2012.
Michael C. Ireland,Mayor
ATTEST: APPROVED AS TO FORM:
Kathryn S. Koch, City Clerk ames R True, City Attorney
Resolution No 82, Series 2012
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