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HomeMy WebLinkAboutordinance.council.007.13 ORDINANCE No. 7 (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE SECTION 26.104.100 - DEFINITIONS,26.575.070—USE SQUARE FOOTAGE LIMITATIONS,26.575.090—HOME OCCUPATIONS,26.575.060.A— UTILITY/TRASH/RECYCLE SERVICE AREAS , AND 26.575.180 - RESTAURANT. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to making the Land Use Code more business friendly; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(A)(4), the Community Development Director initiated various business friendly amendments to sections of the Land Use Code; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with Community businesses regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on February 11, 2013, the City Council approved Resolution No., Series of 2013, by a five to zero (5 —0)vote, requesting code amendments to the employee generation figures in the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections Section 26.104.100 - Definitions, 26.575.070 — Use Square Footage Limitations, 26.575.090 — Home Occupations, 26.575.060.A—Utility/Trash/Recycle Service Areas, and 26.575.180 - Restaurant; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO THAT: City Council Ordinance No. 7 (Series of 2013) Business Friendly Code Amendments Page 1 of 5 Section 1: Sec. 26.104.100 Definitions, shall be amended as follows: Brewery or Distillery. A facility, licensed by the State of Colorado and which is subject to all applicable state and local liquor laws, for the production and packaging of alcoholic beverages for distribution, and secondarily receiving the public and engaging in retail sales on a limited basis, which shall not prohibit on-site beverage consumption. Coffee Roasting Facility. A facility for the processing and packaging of coffee beans for distribution and secondarily receiving the public and engaging in retail sales on a limited basis, which shall not prohibit onsite beverage consumption. Restaurant. A commercial eating and drinking establishment where food is prepared and served for consumption on or off premises, not subject to size or seating capacity limitation and which may provide music or other performances and entertainment incidental to the primary use. A grocery store or similar establishment which prepares and serves food but which principally sells packaged or nonperishable food and drink shall not be considered a restaurant. Section 2: Sec 26.575.070 Use Square Footage Limitations This section to be deleted in its entirety, and labeled as Reserved Section 3: 26.575.090 Home Occupations This section to be deleted in its entirety, and replaced with the following: 26.575.090 Home occupations Home occupations are permitted in all residential dwellings in the City. To ensure home occupations are clearly incidental and secondary to the residential character of the home, a home occupation must comply with each of the following: A. Employees. Employs no more than one (1) person who is a nonresident of the dwelling; and B. Business License. Operates pursuant to a valid Business License for the use held by the resident of the dwelling unit; and C. Signage. Any signs must comply with Chapter 26.510 SIGNS; and D. Outdoor Storage. Any outside storage shall be screened or enclosed; and E. Nuisance. Does not utilize mechanical, electrical or other equipment or items which produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building or accessory structure; and F. Prohibitions. Does not include any of the following uses as a home occupation: Retail and Restaurant uses, health or medical clinic, mortuary, nursing home, veterinarian's clinic, pharmacy, marijuana dispensary, child care center for 6 or more children (see Section City Council Ordinance No. 7 (Series of 2013) Business Friendly Code Amendments Page 2 of 5 26.575.080), warehousing, brewery, distillery, coffee roasting facility, liquor store, group home, dancing studio, or for the storage, sale, production,processing of flammable or volatile materials. A home occupation license may be revoked if the use creates a substantial nuisance or hazard to neighboring residents. Section 4: Sec. 26.575.060.A Utility/Trash/Recycle Service Areas shall be amended as follows: 26.575.060 Utility/Trash/Recycle Service Areas A. General. The following provisions shall apply to all utility/trash/recycle service areas: 1. If the property adjoins an alleyway, the utility/trash/recycle service area shall be along and accessed from the alleyway. Unless entirely located on an alleyway, all utility/trash/recycle service areas shall be fenced so as not to be visible from the street, and such fences shall be six (6) feet high from grade. All fences shall be of sound construction and shall be no less than ninety percent(90%) opaque. 2. Whenever this Title shall require that a utility/trash/recycle service area be provided abutting an alley, buildings may extend to the rear property line if otherwise allowed by this Title, provided that an open area is provided which shall be accessible to the alley and which meets the dimensional requirements of this Section. 3. A minimum of twenty (20) linear feet of the utility/trash/recycle service area shall be reserved for box storage, utility transformers or equipment, building access and trash and recycling facilities. For properties with thirty (30) feet or less of alley frontage, this requirement shall be fifteen (15) linear feet. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. The required area shall not be used for required parking or as vehicular access to a parking area. For properties with no alley access, a utility/trash/recycle service area shall be accommodated on the site or in the building meeting the requirements of the International Building Code Chapters 10 and 11, and Title 12 of the Municipal Code, as adopted and amended by the City of Aspen. 4. The Planning and Zoning Commission may reduce the required dimensions of this area by special review (see Chapter 26.430) and in accordance with the standards set forth below at Subsection 26.575.060.B. 5. Trash and recycling areas shall be accessible to all tenants within the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights-of-way) may not be utilized as pathways (pedestrian rights-of-way) to meet the requirements of the International Building Code. Section 5: Sec. 26.575.180 Restaurant This section to be deleted in its entirety, and replaced with the following: 26.575.180 Required Delivery Area and Vestibules for Commercial Buildings All commercial buildings shall provide a delivery area. The delivery area shall be located along the alley if an alley adjoins the property. The delivery area shall be accessible to all tenant City Council Ordinance No. 7 (Series of 2013) Business Friendly Code Amendments Page 3 of 5 spaces of the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. All non-ground floor commercial spaces shall have access to an elevator or dumbwaiter for delivery access. Alleyways (vehicular rights-of-way) may not be utilized as pathways (pedestrian rights-of-way) to meet the requirements of the International Building Code. All commercial buildings shall provide a Utility/Trash/Recycle area meeting the requirements of Section 26.575.060. The Planning and Zoning Commission may reduce the required dimensions of this area by special review (see Chapter 26.430) and in accordance with the standards set forth in Subsection 26.575.060.B. All commercial tenant spaces located on the ground floor in excess of 1,500 square feet shall contain a vestibule (double set of doors) developed internal to the structure to meet the requirements of the International Energy Conservation Code as adopted and amended by the City of Aspen, or an air curtain. Section 6: Effect Upon Existing Litigation. This ordinance 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 ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: Severability. If any section, subsection, sentence, clause, phrase, or 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 8: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty(30)days following final passage. Section 9• A public hearing on this ordinance shall be held on the 181" day of March, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDE D PUBLISHED as provided by law, by the City Council of the City of Aspen on the A-55 day of_R 013. Attest: Kathryn S. Ko ,City Clerk Michael C. Ireland,Ma y¢r City Council Ordinance No. 7 (Series of 2013) Business Friendly Code Amendments Page 4 of 5 FINALLY,adopted, passed and approved this day of 2013. Attest: xz f athryn S. K , City Jerk Michael C. Ireland,Mayor Approved as to form: City Attorney City Council Ordinance No. 7 (Series of 2013) Business Friendly Code Amendments Page 5 of 5 v/ 1e Ad Name: 8931544A LEGAL NOTICE ORDINANCE#7,2013 PUBLIC HEARING '7(} L-^ __ /-. Customer: Aspen (LEGALS) City of Ordinance#7,Series of 2013,was adopted on first 0 / Your account number: 1013028 reading at the City Council meeting February 25, 2013. This ordinance,if adopted will approve code amendments related to making the Land Use Code more business friendly. The public hearing on this ordinance is scheduled for March 18,2013,at 5 PROOF OF PUBLICATION To seethe lentire text,goato the city's legal notice website http://www,aspen pitki n.com/Departments/Clerk/Le- gal-Notices/ If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. IM:1 P8 b20hed in the Aspen Times Weekly on February STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 2/28/2013 and that the last publication of said notice was in the issue of said newspaper dated 2/28/2013. In witness whereof,I have here unto set my hand this 03/15/2013. f/A I Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 03/15/2013. i l iaA,l mil. �Ja-tkcm h a/cp­ Mary E.Borkenhagen,Notary Public ` „"teo4 Commission expires:September 12,2015 J ti ��P�.NOTgRY y9m' %�.�'�IICIOLO0.