HomeMy WebLinkAboutcoa.lu.ca.130 S Galena Business Friendly.0017.20130017.2013.ASLU 130 S. GALENA
CODE AMENDMENT
BUSINESS FRIENDLY
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LA
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0017.2013.ASLU
PARCEL ID NUMBERS
PROJECTS ADDRESS 130 S GALENA
PLANNER COM DEV JIM POMEROY
CASE DESCRIPTION APPLICATION FOR CODE
AMENDMENT "BUSINESS FRIENDLY"
REPRESENTATIVE COM DEV JIM POMEROY
DATE OF FINAL ACTION 4/01/2013
CLOSED BY ANGELA SCOREY ON: 12/04/13
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MEMORANDUM
TO: Mayor and City Council
FROM: Jim Pomeroy, Code Enforcement Officer
THRU: Chris Bendon, Community Development Director 441',
RE: Policy Resolution: Business Friendly Code Amendments
Resolution _a, Series of 2013
MEETING DATE: February 11, 2013
SUMMARY:
The attached Resolution outlines Council policy direction for code amendments. The objective of
the proposed code amendments is to make changes to the land use code that eliminate or hinder
business growth, while preserving the overall feel of the code and the previous policy directions
from Council.
Once the Policy Resolution is approved, staff will bring an Ordinance to City Council that
amends the Sign and Public Amenity sections of the Land Use Code. The memo and resolution
summarize the policy direction received to date.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed resolution.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Sign and Public Amenity sections of the Land
Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority
for all code amendments.
All code amendments are subject to a three -step process. This is the second step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND & OVERVIEW:
As part of the 2012 City Council retreat, Council members identified their top ten goals for the
upcoming year. One of these goals was to make the City more business friendly. As part of this
goal, the Community Development Department examined the land use code to determine if there
were any changes that could be made to erase hindrances to businesses within the code language.
Staff identified some obvious changes that could be made, and the attached Policy Resolution
shows those changes.
02.11.13 — Business Obstacle Code Amendments Policy Direction
Page 1 of 3
Staff Continents:
1. Definitions: Staff suggests minor tweaks to the definitions section of Chapter 26.104 to
eliminate language that would hinder an already approved business use from opening and
operating their business correctly.
A. Brewery — Eliminate the language referring to "liquor License" to ensure our regulations
are in line with state law. This definition would also be expanded to allow for a
distillery.
B. Coffee Roasting Facility — Any roasting facility that is has direct to consumer sales needs
to have a way for potential customers to be able to taste and purchase their products.
This language would be "tweaked" to allow for this.
C. Design Studio — Eliminate possible confusion if a design studio that works primarily in
electronic media wanted to open.
2. Use Square Footage Limitations: Staff suggests deleting entirely Section 26.575.070. Staff
believes that this language is obsolete, and no longer fits the current business environment in
Aspen. This language has been in the code since at least the 1980's. It was originally
intended to exclude "big box" stores from opening, and preserve local businesses. The real
estate market, however, has effectively taken care of that problem on its own, and in fact
there are currently several businesses that are locally owned and don't fit this section of the
code.
3. Home Occupations: Staff suggests modifying several elements of Section 26.575.090. The
sections being eliminated either contain hard to understand and enforce language, contain
obsolete references, are dealt with in other portions of the code, or contain technical
references that may be no longer be valid.
4. Non -street delivery access: The current code has long had a provision that all restaurants
should have direct alley access. Unfortunately, this creates two challenges — 1) Restaurants
are treated differently than any other business, many of whom may also have several
deliveries a week, 2) New commercial developments may or may not provide adequate alley
access for deliveries. Therefore we are looking at modifying the code to make all new
development provide for alley access for all of their tenants.
Related Efforts: Community Development staff, in cooperation with other City departments, has
been looking at a number of non -regulatory programs to assist new small businesses. These
efforts include:
l . Creating a welcome package for new businesses.
2. Creating combined and/or discounted fees for new businesses.
3. Creating a new portion of our website specifically crafted to the needs of new small
businesses.
4. Creating a business mentoring program.
5. Contemplating potential staffing changes needed to properly service these new City
services.
02.11.13 — Business Obstacle Code Amendments Policy Direction
Page 2 of 3
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STAFF RECOMMENDATION:
Staff recommends adoption of the attached Policy Resolution.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No. , Series of 2013, approving a Policy Resolution outlining
direction for business friendly code amendments to the Land Use Code."
CITY MANAGER COMMENTS:
02.11.13 — Business Obstacle Code Amendments Policy Direction
Page 3 of 3
RESOLUTION NO.,
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
CODE AMENDMENTS TO VARIOUS SECTIONS OF THE LAND USE CODE.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore code amendments related to
making the Land Use Code more business friendly; 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, discussions with the Community Development Staff on various
business friendly amendments to the Land Use Code; and,
WHEREAS, the Community Development Director recommended changes to
various sections of the Land Use Code; 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, 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 _, Series 2013
Page 1 of 2
Section 1: Code Amendment Objective
• The objective of the proposed code amendments is to erase hindrances to
businesses found within the Land Use Code, as part of a general effort to make
the City more business friendly.
Section 2: General Policy Directions
City Council provides the following direction regarding amendments to the Land Use
Code:
A. Simplifying the definitions of Brewery, Coffee Roasting Facility, and Design Studio.
B. Eliminating the Use Square Footage section of the Land Use Code.
C. Simplifying and updating the Code section dealing with Home Occupation.
D. Modifying the section of the code dealing with restaurant alley access.
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 _ day of 2013.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
James R True, City Attorney
Resolution No _, Series 2013
Page 2 of 2
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MEMORANDUM
TO: Mayor and City Council
FROM: Jim Pomeroy, Code Enforcement Officer
THRU: Chris Bendon, Community Development Director Inn
RE: Business friendly Code Amendments Y
Ordinance 7:1--, Series of 2013, First Reading
DATE OF MEMO: February 13, 2013
MEETING DATE: February 25, 2013
SUMMARY:
The attached Ordinance includes proposes code amendments to various sections of the Land Use
Code pertaining to businesses. The objective of the proposed code amendments is to ensure that the
language in the City's Land Use Code does not hinder the smooth operation of businesses within the
City.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This is the ls` reading of proposed code amendments to update the Land Use Code in order to
make the Code more business friendly. Pursuant to Land Use Code Section 26.310, City Council
is the final review authority for all code amendments.
All code amendments are subject to a three -step process. This is the second step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND & OVERVIEW:
As part of the 2012 City Council retreat, Council members identified their top ten goals for the
upcoming year. One oft ' hese goals was to make the City more business friendly. As part of this
goal, the Community Deelopment Department examined the land use code to determine if there
were any changes that could be made to erase hindrances to businesses within the code language.
Staff identified some obvious changes that could be made, and the attached resolution and
attachments show those changes.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance.
2.11.2013 - First heading Employee Generation Code Amendment
Page 1 of 2
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. , Series of 2013, approving business friendly amendments
to the Land Use Code."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A — Staff Findings
Exhibit B — Proposed Business Friendly Code Amendment Language
Exhibit C — Approved Policy Resolution 17, Series 2013
2.1 1.2013 — First Reading Employee Generation Code Amendment
Page 2 of 2
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Exhibit A: Staff Findings
26.310.050 Amendments to the Land Use Code Standards of review - Adoption.
In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step
Three — Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Findings:
The proposed code amendment is consistent with the Land Use Code. It updates code sections
that are already in place. Staff finds this criterion to be met.
B. Whether the proposed amendment achieves the policy, community goal, or objective
cited as reasons for the code amendment or achieves other public policy objectives.
Staff Findings:
In the fall 2012, City Council identified several goals for the upcoming year. One of those goals
was to make the city more business friendly. The changes in this amendment are in line with
these goals, and therefore staff finds this criterion to be met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure that the language of the Land Use Code does not
interfere with the operation of a business in the City. Staff finds this criterion to be met.
11.12.2012 Downtown Zoning V Reading; Exhibit A
Page 1 of 1
Exhibit B
Title 26
LAND USE REGULATIONS
PART 100—GENERAL PROVISIONS
Chapter 26.104
GENERAL PROVISIONS
Sec. 26.104.010
Authority and title
Sec.26.104.020
Purpose
Sec. 26.104.030
Comprehensive Community Plan and other plans, guidelines or documents
Sec. 26.104.040
Applicability and penalty
Sec. 26.104.050
Void permits
Sec.26.104.060
Emergencies
Sec. 26.104.070
Land use application fees
Sec. 26.104.071
Historic preservation application fees
Sec. 26.104.072
Zoning fees
Sec. 26.104.080
Rules of construction
Sec.26.104.090
Reserved
Sec. 26.104. 100
Definition
City of Aspen Land Use Code
Part 100, Table of Contents
9
U
Chapter 26.104
GENERAL PROVISIONS
Sections:
26.104.010 Authority and title
26.104.020 Purpose
26.104.030 Comprehensive Community Plan and other plans, guidelines or documents
26.104.040 Applicabilih and penalty
26.104.050 Void permits
26.104.060 Emergencies
26.104.070 Land use application fees
26.104.071 Historic preservation application fees
26.104.072 Zoning fees
26.104.080 Rules of construction
26.104.090 Reserved
26.104.100 Definitions
26.104.100. Definitions.
As used in this Code, unless the context otherwise requires, the following terms shall be defined as
follows:
Brewery or Mstillery. A facility, licensed by the State of Colorado and which is subject to all
al2plicable Statc Lmd local liCp.or lags , for
the production and packaging of alcoholic ff+a4+-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. . No. 1 2009, -11� 111
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.. :
Design studio. A workshop primarily devoted to the design or representation of built form,
landscapes, consumer products, or electronic and print graphic arts.
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_ciocere store
or similar establi;hmccru \%hich prep.mes and ser\�:�, liuxl but which principally soil, packagcd or
non�ble food and drinl, shall not he con idewd a restaurant.
City of Aspen Land Use Code
Part 500 — Table of Contents
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C
TITLE 26
LAND USE REGULATIONS
PART 500 — SUPPLEMENTARY REGULATIONS
Chapter 26.500
DEVELOPMENT REASONABLY NECESSARY FOR THE
CONVENIENCE
AND WELFARE OF THE PUBLIC
Sec.26.500.010
Purpose
Sec.26.500.020
Authority
Sec.26.500.030
Applicability
Sec. 26.500.040
Standards for determination
Sec.26.500.050
Procedure
Chapter 26.510
SIGNS
Sec. 26.5 10. 010
Purpose
Sec. 26.510.020
Applicability and scope
Sec. 26.510.030
Procedure for sign permit approval
Sec. 26.510.040
Prohibited signs
Sec. 26.510.050
Sign setback
Sec. 26.510.060
Sign measurement and location
Sec. 26.510.070
Sign illumination
Sec. 26.510.080
Sign lettering, logos and graphic designs
Sec. 26.510.090
Sign types and structural characteristics
Sec. 26.510.100
Signage allotment
Sec. 26.510.110
Sign restrictions for use categories
Sec. 26.510.120
Window displays, window wraps, and interior signage
Sec. 26.510.130
Signage in place prior to December 151h, 2010
Sec. 26.510.140
Policies regarding Signage on public property
Chapter 26.515
OFF-STREET PARKING
Sec. 26.515.010
General provisions
Sec. 26.515.020
Characteristics of off-street parking spaces
Sec. 26.515.030
Required number of off-street parking spaces
Sec. 26.515.040
Special review standards
Sec. 26.515.050
Cash -in -lieu for mobility enhancements
Chapter 26.520
ACCESSORY DWELLING UNITS AND CARRIAGE HOUSES
Sec.26.520.010
Purpose
Sec.26.520.020
General
Sec.26.520.030
Authority
Sec.26.520.040
Applicability
Sec. 26.520.050
Design standards
Sec. 26.520.060
Calculations and measurements
Sec. 26.520.070
Deed restrictions and enforcement
Sec.26.520.080
Procedure
Sec. 26.520.090
Amendment of an ADU or carriage house development order
Chapter 26.530
RESERVED
Chapter 26.535
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
Sec. 26.5 3 5.010
Purpose
City of Aspen Land Use Code
Part 500 — Table of Contents
0 0
Sec.26.535.020
Terminology
Sec. 26.535.030
Applicability and prohibitions
Sec.26.535.040
Authority
Sec. 26.535.050
Procedure for establishing an historic transferable development right certificate
Sec. 26.535.060
Procedure for extinguishing an historic transferable development right
certificate
Sec. 26.535.070
Review criteria for establishment of an historic transferable development right
Sec. 26.535.080
Review criteria for extinguishment of an historic transferable development
right
Sec. 26.535.090
Application materials
Sec. 26.5 3 5. 100
Appeals
Chapter 26.540
CERTIFICATES OF AFFORDABLE HOUSING CREDIT
Sec.26.540,010
Purpose
Sec.26.540.020
Terminology
Sec. 26.540.030
Applicability and prohibitions
Sec.26.540.040
Authority
Sec. 26.540.050
Application and fees
Sec. 26.540.060
Procedures for establishing a credit
Sec. 26.540.070
Review criteria for establishing a an affordable housing credit
Sec. 26.540.080
Procedures for issuing a certificate of affordable housing credit
Sec. 26.540.090
Authority of the certificate
Sec. 26.540.100
Transferability of the certificate
Sec. 26.540.110
Exchanging category designation of an affordable housing certificate
Sec. 26.540.120
Extinguishment and re -issuance of a certificate
Sec.26.540.130
Amendments
Sec.26.540.140
Appeals
Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sec.26.575.010
General
Sec. 26.575.020
Calculations and measurements
Sec. 26.575.030
Public amenity
Sec.26.575.040
Reserved
Sec. 26.575.045
Junkyards and service yards
Sec.26.575.050
Fences
Sec. 26.575.060
Utility/trash/recycle service areas
Sec. 26.575.070
': .. Reserved
Sec. 26.575.080
Child care center
Sec. 26.575.090
I lome occupations
Sec. 26.575.100
Landscape maintenance
Sec. 26.575.110
Building envelopes
Sec. 26.575.120
Satellite dish antennas
Sec. 26.575.130
Wireless telecommunication services facilities and equipment
Sec. 26.575.140
Accessory uses and accessory structures
Sec. 26.575.150
Outdoor lighting
City of Aspcn Land Use Code
Part 500 — Table of Contents
0 0
Sec.26.575.160
Dormitory
Sec. 26.575.170
Fuel storage tanks
Sec. 26.575.180
Restaura (Deli%er�;Service Area
Sec. 26.575.190
Farmers' market
Sec. 26.575.200
Group homes
Sec. 26.575.210
Lodge occupancy auditing
Sec. 26.575.220
Vacation Rentals
Chapter 26.580
ENGINEERING DEPARTMENT REGULATIONS
Sec.26.580.010
Purpose
Sec.26.580.020
Subdivisions
Chapter 26.590
Sec. 26.590.010
Sec. 26.590.020
Sec. 26.590.030
Sec. 26.590.040
Sec. 26.590.050
Sec. 26.590.060
Sec. 26.590.070
Sec. 26.590.080
Sec. 26.590.090
"TIMESHARE DEVELOPMENT
Purpose and intent
Overview of timeshare development
Exempt timesharing
Procedure for revie�% of timeshare lodge development application
Contents ol'application
Characteristics of a timeshare lodge development
Review standards for timeshare lodge development
Business license and sales tax payments
Timeshare documents
City of Aspen Land Use Code
Part 500 — Table of Contents
Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sections:
26.575.010 General
26.575.020 Calculations and measurements
26.575.030 Public amenity
26.575.040 Reserved
26.575.045 Junkyards and service yards
26.575.050 Fences
26.575.060 Utility/trash/recycle service areas
26.575.070 tiKitage 4-�iii+ati.++}: Reserved
26.575.080 Child care center
26.575.090 Home occupations
26.575.100 Landscape maintenance
26.575.110 Building envelopes
26.575.120 Satellite dish antennas
26.575.130 Wireless telecommunication services facilities and equipment
26.575.140 Accessory uses and accessory structures
26.575.150 Outdoor lighting
26.575.160 Dormitory
26.575.170 Fuel storage tanks
26.575.180 RL—S4 1FW! Rc aired DcliN erN Arca and Ve,tibules for Commercial Buildings
26.575.190 Farmers' market
26.575.200 Group homes
26.575.210 Lodge occupancy auditing
26.575.220 Vacation rentals
City of Aspen Land Use Code
Part 100, General Provisions
Page 1
26.575.070 Reserved
owe limitations
Zone PistFiets. fill -a _ shall
a. 3,000 square feet. The 4)11oviiig and silnilw uses shall be lifflit0d tO dffee thousand
(.3.000) syaafe feet ineovi+ eriia4-an4o ffi ee s paee: Amique shop: art suppW.
can;era slop! eat 1. dFug
_
small applwi me s e: an ta4ef— <-dee(Faior slxtaijof-.—Alee
repair shop. r x: )-m-0-l'asting statk+wre4", repair mid wholesaling, PFOV*ded
they arst+ses;
b. 6,000 squar-e-feet. The fol4 w,4t-w_-an 4
srlaareie net -leasable-eem
l'l titi}fi3t3ti(-i'L'ntal-•si 1 . Sh, ..1 .,, 1, t;ahF!Ca6OR and Fepair and
.,I,f4:.es: .,d ...,
ajo
StWeS
fe!±tattritnt:
_ Shall
e. 000 square feet. Fhe 441o%k iiie and similai- ases shall be limited to iwentN thokisafld
r
'uge:.
areas.fl. Retail sales Ail of the. . mi use shall not resii-ie!
Squtt+e rthese
26.575.090 Home occupations
Home occupations are Permitted in all residential dwellings in the Citti. To ensure tneet the
home occupations aret a!ii clearly incidental and secondary to the
residential character of tlic home, a home occupation must comply with each of the following:
Formatted: Indent: left: 0", First line: 0", Space
After: 12 pt, Tab stops: Not at 0.5'
City of Aspen Land Use Code
Part 500 — Table of Contents
FA Employs no more than one (1) person who is a nonresident of the dw-ellingi ; and
P-.a.Operates pursuant to a valid Busines,oeeupmiot}al Llicense for the use held by the resident of
the dwelling unit; and
9. In order to - °
F. advertise, or to indicate presence. wir signs must comply with Section 26.510 SIGNSBoes
26.5 . ; and
G. Does not sell ans s+11 1fade.. .
H. Does not stofe (-le-t
l-C.
D. Does not include any of the following uses as a home occupation: Retail and Restaurant uses,
Eheauty ms-health or medical clinic, mortuary, nursing home.
FestauFaHi. veterinarian's clinic. pharmacy, marijuana dispensan; child care center, warehousing
brewery, distillery, coffee roasting tacility. liquor ,tore. bed & hrcakiast. group home, -of-dancing
studio, or tcor 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 nei hboring residents.
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.
City of Aspen Land Use Code
Part 100, General Provisions
Page 3
Formatted: Space After: 12 pt, No bullets or
l numbering
3. +Trash and recyclink areas ,hall he accessible to al tenant, within the huilding in a manner _ - Formatted: Font: 12pt
that meets the I—CgUiremcnts ofthe International Building Code Chapters 10 and 1 I as adopted
and annended by the City of Aspen. Allev%vays (vehicular rights-of-wav) inav not be utilized
as pathwas -edesu•ian rights-of-wati ) to meet the requirements of the International Building
Code.
3-0.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. For properties with no alley access, no requirement shall apply.
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.
z The Planning and Zoning Commission may reduce the required dimensions of this- Formatted: Indent: Lett: o.s', No bullets or
area by special review (see Chapter 26.430) and in accordance with the standards set forth numbering
below at Subsection 26.575.060.B.
26.575.180 Restaur+tntRequired Delivery Area and Vestibules for Commercial Buildings
ieme !�aod et+tEl.
f),...:1.... Pid6 ffie..t ,Fet,kikffalil ` . hall is . ed , . haveiee del:, s +.on
allev or etheF OffStlVet mvt!I'Viee del;vem-�' as -ea. it' tile resiatiFasil k loeated Oil: efound levei. it -shall
Hr-ttit+ttlA"4tt f-iw;c"SOee deeeYr A _ z tw-.
All commercial buildim-,; shall Provide a delivery area. The
delivery area shall he locatedalonb the alley if an alley adjoins the property. The delivery area shall
be accessible to all tcn.int. j)ZWC>_nf the building in i manner that meets the requirements of the
International Building ('ode Chapters 10 and 1 1 its adopted and amended by the City ol'AsWn. All
non -ground -level commercial spaces shall have access to an elevator or dumb%kaiter for delivery
access. Allevways hchicuIar rights-of=wayl may not be utilized as pathways (pedestrian rights -of-
way) to meet the requirements t)I'the International Building Cotc. All commercial buildinks shall
provide a Utility; brash Rer}�:Ic area meeting -the requirement; of Section :26.575.060.
All commercial tenant spaces located on the Lritund level in excess of 1.000 square teet 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 Cit of AsNn.
City of Aspen Land Use Code
Part 500 — Table of Contents
ORDINANCE No.
(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, 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, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on August 27, 2012, the City Council approved Resolution No. 17, Series of 2013, by a five to zero
(5 — 0) vote, requesting business friendly code amendments to 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,
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
City Council Ord #_ of 2013
Growth Management Code Amendments
Page 1 of 5
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
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.
Design studio. A workshop primarily devoted to the design or representation of built form,
landscapes, consumer products, or electronic and print graphic arts.
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, and labeled as Reserved
Section 3: 26.575.090 Home Occupations
This section to be deleted, and replaced with the following language:
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. Employs no more than one (1) person who is a nonresident of the dwelling; and
B. Operates pursuant to a valid Business License for the use held by the resident of the
dwelling unit; and
C. In order to advertise, or to indicate presence, any signs must comply with Section 26.510
SIGNS; and
D. 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, warehousing, brewery, distillery, coffee roasting facility,
City Council Ord #_ of 2013
Growth Management Code Amendments
Page 2of5
liquor store, bed & breakfast, 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 Utility/Trash/Recycle Service Areas
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. 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
1 I 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.
4. 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. For properties with no alley access, no
requirement'shall apply. 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.
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.
Section 5: Sec. 26.575.180 Restaurant
This section to be deleted, and replaced with the following language:
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
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 -level
City Council Ord #_ of 2013
Growth Management Code Amendments
Page 3 of 5
• 0
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.
All commercial tenant spaces located on the ground level in excess of 1,000 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.
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 18t' 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 ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the day of , 2013.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this _ day of , 2013.
Attest:
City Council Ord #_ of 2013
Growth Management Code Amendments
Page 4 of 5
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
City Attorney
City Council Ord #_ of 2013
Growth Management Code Amendments
Page 5 of 5
MEMORANDUM
TO: Mayor and City Council
FROM: Jim Pomeroy, Code Enforcement Officer
THRU: Chris Bendon, Community Development Director
RE: Business Friendly Code Amendments
Ordinance No. 7 (Series of 2013), Second Reading — Public Hearing
MEETING DATE: March 18, 2013
SUMMARY:
The attached ordinance includes proposed code amendments to various sections of the Land Use
Code pertaining to businesses. The objective of the proposed code amendments is to ensure that the
language in the City's Land Use Code does not hinder the smooth operation of businesses within the
City.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This is the 2" reading of proposed code amendments to update the Land Use Code (LUC) in
order to make the Code more business friendly. Pursuant to Land Use Code Section 26.310, cily
Council is the final review authority for all code amendments.
All code amendments are subject to a three -step process. This is the third step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND & OVERVIEW:
As part of the 2012 City Council retreat, Council members identified their top ten goals for the
upcoming year. One of these goals was to make the City more business friendly. As part of this
goal, the Community Development Department examined the LUC to determine if there were
any changes that could be made to erase hindrances to businesses within the code language. Staff
identified some obvious changes that could be made, and the attached ordinance and exhibits
show those changes.
• 26.104.100 -Definitions:
❖ Brewery or Distillery. Added Distillery, rewrote language to reconcile local and state
liquor laws, and added language on tasting room.
❖ Coffee Roasting Facility. Added language for tasting of coffee on -site.
3.18.13— Second Reading Business Friendly Code Amendments
Page I of 2
•
•
❖ Restaurant. Added clarification language on grocery stores that was located in
section 26.575.180 that is being deleted.
• 26.575.070 — Use Square Footage Limitations
❖ Deleted obsolete and difficult to enforce language
• 26.575.090 - Home Occupations
❖ Clarified language
❖ Deleted obsolete language
• 26.575.060 — Utility/Trash/Recycle Service Areas
❖ Deleted and added language to ensure that new buildings must provide their tenants
with proper trash and utility areas that are accessible and compliant with the building
code.
• 26.575.180 Required Delivery Area and Vestibules for Commercial Buildings
❖ Deleted obsolete language, and added new language that requires new buildings to
provide their tenants with proper accessible delivery access.
❖ Added language to make new spaces require airlocks that are compliant with the
current building codes.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 7 (Series of 2013)."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A — Staff Findings
Exhibit B — Proposed Business Friendly Code Amendment Language
Exhibit C — Approved Resolution 17, Series 2013
3.18.13— Second Reading Business Friendly Code Amendments
Page 2 of 2
0 •
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: 16.575.090 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
• 0
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 180, 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 ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the day of , 2013.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
City Council Ordinance No. 7 (Series of 2013)
Business Friendly Code Amendments
Page 4of5
•
•
FINALLY, adopted, passed and approved this day of , 2013.
Attest:
Kathryn S. Koch, City Clerk 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
Exhibit A: Staff Findings
26.310.050 Amendments to the Land Use Code Standards of review - Adoption.
In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step
Three — Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Findings:
The proposed code amendment is consistent with the Land Use Code. It updates code sections
that are already in place. Staff finds this criterion to be met.
B. Whether the proposed amendment achieves the policy, community goal, or objective
cited as reasons for the code amendment or achieves other public policy objectives.
Staff Findings:
In the fall of 2012, City Council identified several goals for the upcoming year. One of those
goals was to make the city more business friendly. The changes in this amendment are in line
with these goals, and therefore staff finds this criterion to be met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure that parts of the Land Use Code do not hinder
the operation of a business in the City. Staff finds this criterion to be met.
3.18.13 Business Friendly Code Amendments 2nd Reading; Exhibit A
Page 1 of 1
Exhibit B
Chapter 26.104
GENERAL PROVISIONS
26.104.100. Definitions.
As used in this Code, unless the context otherwise requires, the following terms shall be defined 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 he City of Aspen L i. Li eeensee luthe.-ity and jsdie e , 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.. No beverage eensumption is alle ed en site (Ord Ne
2)
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
r similar establishment which prepares and serves food but which principally sells Packaged or
nonperishable food and drink shall not be considered a restaurant
City of Aspen Land Use Code
Part 100, General Provisions
Page 1
Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
26.575.070 Reserved
26.575.070 Use square footage limitations
f.,,,.,..i,.g !t leasable eemniefeial
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26.575.090 Home occupations
Home occupations are permitted in all residential dwellings in the City.To ensure meet the
aoc:,,itie , of a home ,,, etip do a home occupations aremust clearly incidental and secondary to the
residential character of the home, a home occupation must comply with each of the following:
building;A. Is elearly ineidental and seeendar-y to the residential use of the
B. LVLJ 11V[ Ll[L[IIgL the essential r-esident-al ehar-neter- of the e,
EA. Employees. Employs no more than one (1) person who is a nonresident of the
dwellin btti�; and
19-.B. Business License. Operates pursuant to a valid Businesseeeupatienal Llicense for the use
held by the resident of the dwelling unit; and
E. IJ LVIIIIIIL
level fleef of the dwellifi#,-
F. Any signs must comply with Chapter 26.510 SIGNSDoes not advertise, display of athef-'h,
indieate the pr-esenee of the heme eeeupation on the pr-emises ether- than as pfevided in Chapter
; and
V
G.Outdoor Storage. sell any steek in tfade, supplies of pfeduets on thp;
D. Any outside storage shall be screened or enclosed; and
H.Nuisance. Des not ste fe eutside of the dwelling o ,ntor- aten is used i th-e
l-.E. 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
a. Prohibitions. Provides off street parking to , ,,date the needs f the home eeeupati .. ,
and
F. Does not include any of the following uses as a home occupation: Retail and Restaurant uses.
antique shep, bafbef shop, beauty , health or medical clinic, mortuary, nursing home,
festaufant, veterinarian's clinic, pharmacy, marijuana dispensary, child care center for 6 or more
children (see Section 26.575.080). warehousing, brewery, distillery, coffee roasting facility. liauor
store, group home,-o"ancing 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.
City of Aspen Land Use Code
Part 100, General Provisions
Page 3
u
•
26.575.060 Utility/trash/recycle service areas
A. General. The following provisions shall apply to all utility/trash/recycle service areas:
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.
4.5.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 f Aspen. Alleyways (vehicular rights -of -way) may not be utilized
as pathwayspedestrian rights -of -way) to meet the requirements of the International Building
Code.
• 0
26.575.180 Restauran Required Delivery Area and Vestibules for Commercial Buildings
Restaufants shall only be permitted to pr-epafe of: sen,e feed outdoer-s, in r-equifed epen spaee, when
appr-eved by the Planning and Zoning Gemmission pursuant to Seefien 26.575.030, Resident multi
alley or- othef eff street sef-�,iee deliver-5, afea. if the festaufa iss 11-pee-atted -off gfound level, it shall
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 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 Cityof f 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 meetingthe he 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 Cit.. open or an air
curtain.
City of Aspen Land Use Code
Part 100, General Provisions
Page 5
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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
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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
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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 181h 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 ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the a'5 _ day of = 013.
Attest:
Kathryn S. Ko , City Clerk
City Council Ordinance No. 7 (Series of 2013)
Business Friendly Code Amendments
Page 4 of 5
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•
FINALLY, adopted, passed and approved this jgday of&�4V2013.
Attest:
44-e� � � P / � 4
athryn S. K9 , City Jerk
Approved as to form:
o—
City Attorney
"WO
Michael C. Ireland, Mayor
City Council Ordinance No. 7 (Series of 2013)
Business Friendly Code Amendments
Page 5 of 5
Sarpa said health care facilities are accused of "build it and they will come" mentality, which is
not the case in Aspen. Sarpa reminded Council the hospital is 5 elected officials with
constituents and fiduciary responsibility to about 30,000 citizens. The hospital board constantly
looks at ways to improve the financial viability of the hospital without putting an unnecessary
burden on the community. Sarpa noted when the mil levy came up, the hospital did not keep the
higher revenue when they could have. Sarpa said the hospital is confident they can raise funds
and use existing funds to build phases III and IV and if not, it will not be built. Sarpa told
Council the hospital board has monitored the size and needs and not just accepted a large facility.
Ressler noted the manner in which this project was designed was because of construction
logistics, not because of priorities; building phase 11 wa5 not addressing higher priorities than
phases III and IV. Sedmak pointed out the site utility infrastructure had to be rebuilt to add any
space to the building and the bulk of the infrastructure meant starting phase II on the other side
of the building would mean working on all 4 sides of the building simultaneously, which is not a
tenable situation. Councilman Frisch said there are many more people to take care of 6,000 in
the city. The city's budget addresses a population of 25 to 30,000, and there are times larger
buildings are required to provide a foundational base for a year round community and to
accommodate people moving to town. Councilman Frisch said it seems a lot of thoughtfulness
has gone into trying to provide a community asset.
Councilman Johnson said he would like more analysis on the $5 million/bed and the metrics of
patients. Councilman Johnson asked about the water main issue. Councilman Johnson requested
the applicant continue their public outreach. Councilman Johnson said he would like more
discussion about table 1 and more discussion on the landscaping plan and providing more
screening. Mayor Pro Tern Torre said the hospital has heard a gamut of concerns — mechanical
boxes, screening, lighting, financing — and the applicant can address these for the next hearing.
Mayor Pro Tern Torre said he would like to see the needs assessment, would like to know
comparison to other hospitals size and services provided. Mayor Pro Tern Torre said he would
like to know what the community and hospital will not get out of phase III and IV and are there
other efficiencies or space savings to be found in the existing building.
Councilman Johnson moved to continued Ordinance #6, Series of 2013, to April 8; seconded by
Councilman Skadron. All in favor, motion carried.
ORDINANCE #7, SERIES OF 2013 — Code Amendment Business
Jim Pomeroy, community development department, reminded Council this code amendment has
been through several steps, including public outreach talking to business owners and a public
policy resolution before Council. Pomeroy said these changes come from the public outreach
and staff s experience in dealing with businesses; the use square footage limitations came
through the difficulty to enforce and not -applicability; home occupation limits have been
addressed. Councilman Frisch stated he supports these steps and is looking forward to
addressing larger issues in the near future. Pomeroy told Council next are major revisions to the
sign code as well as a business portal on the web site for a one stop to answer prospective
business owners questions. Councilman Johnson said he would like a mechanism to catalog
frustrations heard from business owners so they can be addressed.
i
Mayor Pro Tern Torre opened the public hearing; there were no comments. Mayor Pro Tern
Torre closed the public hearing.
Councilman Johnson moved to adopt Ordinance #7, Series of 2013, on second reading; seconded
by Councilman Skadron. Roll call vote; Frisch, yes; Johnson, yes; Skadron, yes; Mayor Pro Tern
Torre, yes. Motion carried.
Councilman Johnson moved to go into executive session at 9:35 PM pursuant to C.R.S. 24-6-
402(4) (b) Conferences with an attorney for the local public body for the purposes of receiving
legal advice on specific legal questions and (e) Determining positions relative to matters that
may be subject to negotiations; developing strategy for negotiations; and instructing negotiators;
seconded by Councilman Skadron. City Attorney Jim True stated these discussions regard the
Marks v. Koch and Koch v. Branscombe law suits. All in favor, motion carried.
Councilman Johnson moved to come out of executive session at 9:55 PM; seconded by
Councilman Skadron. All in favor, motion carried.
Councilman Johnson moved to adjourn at 9:55 PM; seconded by Councilman Frisch. All in
favor, motion carried.
Kathryn Koch
City Clerk
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
12—L;nn�s��yY�s`S , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
I`�ICN�..H -lp rZ�1r. l 8 t5? :OD Pwn , 20�a
STATE OF COLORADO )
ss.
County of Pitkin )
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
V Publication of notice: By the publication in the legal notice section of an official.
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the _ day of , 20_, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(Continued on next page)
•
1 J
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoin "Affidavit of Notice" was acknowledged before me this if day
of 20Z?, by
�INIE L.
VVAECHTLER ?
} OF
my C . - -,.:- c�,c 10l3012013
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 10 3 0 3
`6c, r, — e L - l Oa Pc (n k 1 p�y--
Notary Public
ATTACHMENTS AS APPLICABLE:
* COPY OF THE PUBLICATION
* PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
* LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTICD
BY MAIL
* APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
7LAND
C NOTICE
RE:, MENDMO THE CITY OF ASPEN
USE CODE
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday, March 18, 2013, at a
meeting 10 begin at 5:00 p.m. before the Aspen
City Council, Council Chambers, City Hall, 130 S.
Galena St., Aspen, to consider amendments to the
text of the Land Use Code. The amendments
would address making the Land Use Code more
business friendly. For further information, contact
Jim Pomeroy at the City of Aspen Community De-
Clopment Department, 130 S. Galena St., Aspen,
I'm .Pomeroy®cityofaspen.com. 9- 2 7 4 5
s/ Michael Ireland, Mayor
Aspen City Council
Published in the Aspen Times Weekly on February
28,2013. j8942037J