HomeMy WebLinkAboutordinance.council.022-13 ORDINANCE No. 22
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO
CHAPTER 26.470 OF THE CITY OF ASPEN LAND USE CODE—GROWTH
MANAGEMENT
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 the use of common areas within commercial buildings, the
requirements for minor expansions of commercial buildings, and the requirements for outdoor
food/beverage vending; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach, including multiple public work sessions with the City
Council and review with local commercial brokers; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Chapter 26.470 as described herein;
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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Chapter 26.470.060 of the City of Aspen Land Use Code, which section defines the
process and requirements for certain types of development, shall read as follows:
Sec. 26.470.060. Administrative applications.
The following types of development shall be approved, approved with conditions or denied by the
Community Development Director, pursuant to Section 26.470.110, Growth management review
procedures, and the criteria for each type of development described below. Except as noted, all
growth management applications shall comply with the general requirements of Section 26.470.050.
Except as noted, all administrative growth management approvals shall be deducted from the
respective development ceiling levels but shall not be deducted from the annual development
allotments. Administrative approvals apply cumulatively.
I. Single-family and duplex development on historic landmark properties. The development
of one (1) or multiple single-family residences or a duplex on a parcel of land designated as an
historic landmark and which contains an historic resource shall be approved by the Community
Development Director. This review applies to the rehabilitation of existing structures,
reconstruction after demolition of existing structures and the development of new structures on
Ordinance No. 22,series 2013,
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historic landmark properties. No affordable housing mitigation shall be required, provided that all
necessary approvals are obtained, pursuant to Chapter 26.415, Development Involving the
Inventory of Historic Landmark Sites and Structures, and provided that the parcel contains an
historic resource.
Development of single-family or duplex structures on an historic landmark property that does not
contain an historic resource (for example, a new house on a vacant lot which was subdivided from
an historic landmark property) shall be subject to the provisions of Paragraph 26.470.060.2, Single-
family and duplex dwelling units.
2. Single-family and duplex dwelling units. The following types of development of single-
family or duplex structures shall require the provision of affordable housing in one (1) of the
methods described in Subparagraph c:
a. The development of a new single-family, multiple detached residential units when permitted
in the zone district or a duplex dwelling on a vacant lot in one (1) of the following
conditions:
1) A vacant lot created by a lot split, pursuant to Subsection 26.480.060.0.
2) A vacant lot created by an historic lot split, pursuant to Paragraph 26.480.030.A.4, when
the subject lot does not itself contain an historic resource.
3) A vacant lot that was subdivided or was a legally described parcel prior to November 14
1977, that complies with the provisions of Subsection 26.480.020.E, Aspen To sit'
lots.
These new residential units shall be deducted from the development ceiling levels
established pursuant to Section 26.470.030, but shall not be deducted from the respective
annual development allotments for residential development.
b. The replacement after demolition of an existing single-family, multiple detached residential
units when permitted in the zone district or a duplex dwelling, regardless of when the lot
was subdivided or legally described. These redeveloped units shall not require a growth
management allocation and shall not be deducted from the respective annual development
allotments or development ceiling levels established pursuant to Section 26.470.030.
c. Affordable housing requirements for the types of single-family and duplex development
described above shall be as follows:
Single-family. In order to qualify for a single-family approval, the applicant shall have
five (5) options:
1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses;
2) Providing an accessory dwelling unit, or a carriage house, authorized through special
review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520;
3) Providing an off-site affordable housing unit within the Aspen Infill Area accepted
by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines, as amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5) Recording a resident-occupancy (RO) deed restriction on the single-family dwelling
unit being constructed.
Ordinance No.22,Series 2013,
Page 2
6) Providing a Certificate of Affordable Housing Credit as mitigation,
Section 26.540.060 Authority of the Certificate, commensurate with the net increase
of square footage, according to Aspen/Pitkin County Housing Authority Guidelines,
as amended.
Duplex. In order to qualify for a duplex approval, the applicant shall have six (6)
options:
1) Providing one (�wellin'�free-market dwelling unit and one (1) deed-restricted resident-
occu is (RO) unit with a minimum floor area of one thousand fiv hundred (1,500) square eet; e
2) Providing either two (2) above-grade, detached accessory dwelling units or carriage
houses (or one [1] of each), or one (1) above-grade, detached ADU or carriage house
with a minimum floor area of six hundred (600) net livable square feet, pursuant to
Chapter 26.520;
3) Providing either two (2) accessory dwelling units or carriage houses (or one [1] of
each) or one (1) ADU or carriage house with a minimum of six hundred (600) net
livable square feet authorized through special review to be attached and/or partially
or fully subgrade, pursuant to Chapter 26.520;
4) Providing an off-site affordable housing unit within the Aspen Infill Area accepted
by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines, as amended;
5) Providing two (2) deed-restricted resident-occupied (RO) dwelling units; or
6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
7) Providing a Certificate of Affordable Housing Credit as mitigation,
Section 26.540.060 Authority of the Certificate, commensurate with the net increase
of square footage, according to Aspen/Pitkin County Housing Authority Guidelines,
as amended.
3. Change in use of historic landmark sites and structures_ The change of use between the
development categories identified in Section 26.470.020, of a property, structure or portion of a
structure designated as an historic landmark shall be approved, approved with conditions or denied
by the Community Development Director if no more than one (1) free-market residence is created.
No employee mitigation shall be required. If more than one (1) free-market residence is created, the
additional units shall be reviewed pursuant to Paragraph 26.470.080.2. The change in amount of
development and number of units shall be added and deducted from the respective development
ceiling levels established pursuant to Section 26.470.030 but shall not be added or deducted from
the respective annual development allotments.
4. Minor enlargement of an historic landmark for commercial, lodge or mixed-use
development. The enlargement of a property, structure or portion of a structure designated as an
historic landmark for commercial, lodge or mixed-use development shall be approved, approved
with conditions or denied by the Community Development Director based on the following criteria.
The additional development of uses identified in Section 26.470.020 shall be deducted from the
development ceiling levels established pursuant to Section 26.470.030 but shall not be deducted
from the respective annual development allotments.
a. If the development increases either floor area or net leasable space/lodge units, but not both,
then no employee mitigation shall be required.
Ordinance No. 22,Series 2013,
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b. If the development increases both floor area and net leasable space/lodge units, up to four
(4) employees generated by the additional commercial/lodge shall not require the provision
of affordable housing. An expansion generating more than four (4) employees shall not
qualify for this administrative approval and shall be reviewed pursuant to Paragraph
26.470.070.1.
C. No more than one (1) free-market residence is created. This shall be cumulative and shall
include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14,
Series of 2007.
5. Minor expansion of a commercial, lodge or mixed-use development. The minor
enlargement of a property, structure or portion of a structure for commercial, lodge or mixed-use
development shall be approved, approved with conditions or denied by the Community
Development Director based on the following criteria. The additional development of uses
identified in Section 26.470.020 shall be deducted from the development ceiling levels established
pursuant to Section 26.470.030 but shall not be deducted from the respective annual development
allotments.
a. The expansion involves no more than five-hundred (500) square feet of net leasable space,
no more than two-hundred-fifty (250) square feet of Floor Area, and up to two (2) additional
hotel/lodge units. The expansion involves no residential units. No employee mitigation
shall be required. This shall be cumulative and shall include administrative GMQS
approvals granted prior to the adoption of Ordinance No. 22, Series of 2013.
6. Alley stores. The expansion or conversion of an existing commercial or mixed-use building, or
portion thereof, or the development of a new commercial or mixed-use building to accommodate a
storefront along an alleyway shall be approved, approved with conditions or denied by the
Community Development Director based on the following criteria:
a. The commercial s ace or spaces shall be no greater than six hundred (600) gross square feet
per space, includpng storage and other non-leasable space, and shall have no internal
connection to any other space. Multiple spaces may be created.
b. The commercial space shall not reduce the property's utility/trash/recycle service area
requirement unless such reduction is approved pursuant to Chapter 12.10
c. Alley stores that front entirely on an alleyway with no fenestration or direct access along a
primary street shall not require the provision of affordable housing.
7. Sale of locally-made products in common areas of commercial buildings. Commercial use
of common areas within commercial and mixed-use buildings which contain commercial use (a.k.a.
"non-unit spaces," "arcades," "hallways," "lobbies," or "malls") shall be approved, approved with
conditions or denied by the Community Development Director based on the following criteria.
a. Products shall be limited to arts, crafts, or produce designed, manufactured, created,
grown, or assembled in the Roaring Fork Valley, defined as the watershed of the
Roaring Fork River plus the municipal limits of the City of Glenwood Springs. Exempt
from these product and geographic limitations are items sold by a hardware store
adjacent to the common area and items incidental to arts, crafts, and produce such as
frames and pedestals.
Ordinance No. 22,Series 2013,
F' � gi 4
b. The area can be used by an existing business within the building or by "stand-alone"
businesses. Multiple spaces may be created.
c. These areas shall not be considered net leasable space for the purposes of calculating
impact fees or redevelopment credits. No employee mitigation shall be required.
Compliance with all zoning, building, and fire codes is mandatory.
8. Outdoor food/beverage vending license. Outdoor food/beverage vending shall be approved,
approved with conditions or denied by the Community Development Director based on the
following criteria:
a. Location. All outdoor food/beverage vending must be on -ate- property -and may be
located in the Commercial Core (CC), Commercial (C1), Neighborhood Commercial (NC),
or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public
property that is subject to an approved mall lease. Additional location criteria:
1) The operation shall be in a consistent location as is practically reasonable and not
intended to move on a daily basis throughout the duration of the permit.
2) Normal operation, including line queues, shall not inhibit the movement of pedestrian or
vehicular traffic along the public right-of-way.
3) The operation shall not interfere with required emergency egress or pose a threat to
public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be
maintained for building entrances and exits.
b. Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square
feet per operation. The area of activity shall be defined as a counter area, equipment needed
for the food vending activities (e. . cooler with drinks, snow cone machine popco
machine, etc.), and the space needed by employees to work the food vending activity.
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C. Signage. Signage for outdoor food/beverage vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not excluding
Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of
the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or
affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards
this calculation. Food carts may have a sandwich board sign in accordance with the
regulations found within Chapter 26.510.
d. Environmental Health Approval. Approval of a food service plan from the Environmental
Health Department is required. The area of outdoor food vending activities shall include
recycling bins and a waste disposal container that shall be em tied daily and stored inside at
night and when the outdoor food vending activities are not m operation: Additionarly, no
p
outdoor, open-flame char-broiling shall be permitted ursuant to Municipal Code Section
13.08.100, Restaurant Grills. p
e. Building and Fire Code Compliance. All outdoor food/beverage vending operations must
comply with adopted building and fire codes. Applicants are encouraged to meet with the
City s Building Department to discuss the vending cart/stand.
f. Application Contents. An application for a food/beverage vending license shall include the
standard information required in 26.304.030.B, plus the following:
1) Copy of a lease or approval letter from the property owner.
Ordinance No. 22,Series 2013,
Page 5
2) A description of the operation including days/hours of operation, types of food and
beverage to be offered, a picture or drawing of the vending cart/stand, and proposed
signage.
3) The property survey requirement shall be waived if the applicant can demonstrate how
the operation will be contained on private property.
g. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1
period beginning on the same the date that the Notice of Approval is signed by the Community Development Director. This one (1) year period may not be separated into non-
consecutive periods.
h. License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal
the Community Development Director shall consider the returning vendor's past
performance. This shall include, but shall not be limited to, input from the Environmental
Health Department, Chief of Police, special event staff, and feedback from adjacent
businesses. Unresolved complaints may result in denial of a renewal request.
i. Business License. The vending operator must obtain a business license.
j. Affordable Housing and Impact Fees Waived. The Community Development Director shall
waive affordable housing mitigation fees and impact fees associated with outdoor
food/beverage vending activities.
k. Maintenance and public safety. Outdoor food/beverage vending activities shall not diminish
the general public health, safety or welfare and shall abide by applicable City regulations,
including but not limited to building codes, health safety codes, fire codes, liquor laws, sign
and lighting codes, and sales tax license regulations.
1. Abandonment. The City of Aspen may remove an abandoned food/beverage vending
operation, or components thereof, in order protect public health, safety, and welfare. Costs
of such remediation shall be the sole burden of the property owner.
m. Temporary Cessation. The Community Development Director may require a temporary
cancelation of operations to accommodate special events, holidays, or similar large public
gatherings. Such action will be taken if it is determined that the food/beverage cart will
create a public safety issue or create an excessive burden on the event activities.
n. License Revocation. The Community Development Director may deny renewal or revoke
the license and cause removal of the food/beverage vending operation if the vendor fails to
operate consistent with these criteria. An outdoor food/beverage vending license shall not
constitute nor be interpreted by any property owner, developer, vendor, or court as a site
specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado
Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this subsection are
subject to revocation by the City Manager or Community Development Director without
requiring prior notice.
(Ord. No. 14, 2007, §1; Ord. No. 6—2010, §3 ;Ord. No. 913, 2010 §1;)
Section 2: 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.
Ordinance No. 22,Series 2013,
P' 'if, e 6
Section 3: 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 4: 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 5. Notice of Public Hearing.
A public hearing on this ordinance shall be held on the 10'h day of June, 2013, at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 S. Galena
St., Aspen, Colorado, a minimum of fifteen days prior to the first hearing a public notice of the same
was published in a newspaper of general circulation within the City of Aspen.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28`h day of May,
2013.
ATTEST:
�athryn S. Ci Cler Michael C. Ireland,Ma or
FINALLY, adopted, passed and approved this da
Y o , 2013.
ATTEST:
4Kathryn . Ko , City er Michael C. reland, ayot�
Approved as to form:
ames R. True, City Attorney
Ordinance No. 22,Series 2013,
Par e 7
j
Ad Name: 9222166A LEGAL NOTICE
ORDINANCE#22,2013 PUBLIC HEARING
Customer: Asnen LEGALS` City �f Ordinance#22,Series of 2013,was adopted on
pen / Y first reading at the City Council meeting May 28,
Your account number: 1013028 2013. This ordinance, adopted will amend the
land use code commercial use of common areas,
small commercial expansion,outdoor food/bever-
age vending. The public hearing on this ordinance
is scheduled for June 10,2013,at 5 PM,City hall,
130 South Galena.
PROOF OF PUBLICATION To see the entire text,go to the city's legal notice
7 A T website
21 UZI IMZI http://www.aspe npitki n.com/De partments/C le rk/Le-
gal-Notices/
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
Published in the Aspen Times Weekly on June 6,
2013. [9222166]
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
6/6/2013 and that the last publication of said notice
was in the issue of said newspaper dated 6/6/2013.
In witness whereof,I have here unto set my hand
this 06/06/2013.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 06/06/2013.
bo-tkcm h a'` --
Mary E.Borkenhagen,Notary Public
,,,,,unite ,y Commission expires:September 12,2015
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