HomeMy WebLinkAboutlanduse.code amendment.S/C/I Zone Service Commercial Industrial.A2-98
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager~
John Worcester, City Attorney 'fJ
Julie Ann Woods, Community Develo ent Director '
Mitch Haas, Interim Deputy Director
Christopher Bendon, Planner CJ0vVvJ
Service/CommerciallIndustrial (S/CII) Zone District Code Amendment
Second Reading and Public Hearing
Ordinance No.2, Series of 1999
FROM:
RE:
DATE:
March 22, 1999
SUMMARY:
The Service/Commercial/ Industrial (S/CII) Zone District was created in 1971 to
provide for certain light industrial and commercial trade land uses in town, and to
discourage these businesses from migrating Downvalley,
In the Fall of 1997, the Planning and Zoning Commission, concerned about the
possible erosion of this zone district, instructed staff to investigate and enforce the
zoning regulations in this zone district Upon identifying the number of businesses
which may be affected by such strict enforcement, staff returned to the Commission
to discuss the purpose and specific provisions of the S/CII Zone District Staff
recommended that the Commission either reaffirm or amend its purpose before taking
any enforcement actions, and that those actions should be at the direction of City
Council. The Commission reviewed the SCI Zone District during a series of six
public hearing and made a recommendation to City Council in the Spring of 1998.
City Council reviewed this proposed amendment to the SCI Zone District as an
agenda item in June of 1998 and during a work session with the Planning and Zoning
Commission in September of 1998. Members of both the Council and the
Commission provided specific direction regarding the zoning provisions and
preferred methods of implementation, In addition, Council requested the proposed
definitions associated with the zoning be incorporated in one Ordinance. The
suggested changes have been incorporated along with the definitions.
In the grand view, the proposed zoning amendments allow for a broader range of uses
within a more flexible set of building dimensions. There are more uses, specific
provisions for accessory retail, a more generous building envelope, reduced parking
requirements, and the ability to double the FAR for the purpose of affordable housing
as an accessory use. The proposed Ordinance allows all uses to continue regardless
of the manner in which the use was originally established,
During first reading, Council expressed interest in two methods of addressing existing
architectural offices: I) grandfather all existing users until the use is vacated; 2)
grandfather the existing total square footage devoted to architectural offices within
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the zone district. This second option requires Council to choose a definition for the
use and include it within the list of permitted uses. Staff has indicated two definitions
as options 2a and 2b, Additional detail, as requested by Council, concerning the
manner in which these two methods would be implemented has been included in the
"Main Issues" portion of this memo. The Community Development Director
recommends City Council choose option 1 in addressing this issue.
There has also been a request by a few land owners to include flexibility in this
Ordinance for future uses not included in this Ordinance, or just plain not yet
invented. This is a recent issue but one of importance to these land owners. Staff has
suggested a manner of incorporating this flexibility, under Main Issues, without
derailing the process.
The retail provision allows up to 25% of the floor area for retail and customer service
area for all uses unless specifically noted in the zoning (such as for building
materials), This percentage can be increased through a conditional use review if the
applicant can demonstrate the extra allowance is needed and appropriate for the use.
Specifically for affordable housing, the FAR may be increased by an additional 1: 1,
This provision requires the housing to be above grade, above other uses within a
structure, deed restricted to the lower Categories. The use remains conditional to
ensure compatibility with surrounding uses.
One suggestion made during the work session involved a yearly status report for the
zone district. This has been incorporated in the Ordinance as an activity for staff to
perform annually for a period of three years, or as extended by Council.
The attachments detail the existing and proposed zoning as well as the proposed
definitions. Staff has not included many ofthe attachments from previous
memoranda but will be able to address specific concerns as they arise.
MAIN ISSUES:
Architects. The Commission was mixed on this topic. Some Commissioners felt that
an architect's 'studio' was nothing more than an office taking advantage ofJower
lease rates, and hence belonging in an office or commercial zone district. Others felt
that architects have a certain artistic quality to their work and have different space
requirements associated with their businesses than do other offices. The
Commissioners did all agree, however, that their biggest fear was the potential influx
of large architectural firms and that any provision for architects should not allow
related fields such as landscape architecture or engineering firms. This sentiment has
also been expressed by some Council members.
Staff maintains the opinion expressed by the department when the issue first surfaced
a decade ago. That is, "Architectural Offices" are not "Artist Studios" and are a use
that belongs in the Office Zone or other zone districts where offices are permitted,
However, the interpretation to allow architects is "water under the bridge" and there
exists a certain fairness issue with architects who now occupy space in the zone. As
strongly as staff believes the interpretation was misguided, stafffeels equally as
strong that individual tenants should not bare the brunt. of that realization and should
not be made to vacate,
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The Community Development Director recommends the use be grandfathered but not
included within the zoning and all existing architectural offices become non-
conforming uses (option I). However, if Council does include the use within the
zoning, with or without an overall square footage cap, staff remains concerned that a
distinction between Architects and Landscape Architects may be construed as
arbitrary. In this case, the use of the more broad "Design Studio" definition (2b) may
be more appropriate than the "Architecture Studio" definition (2a).
City Council narrowed the resolution of the architect issue to two scenarios: I)
Grandfathering the use specific to the location; and, 2) grandfathering the amount of
use by square footage within the entire zone, Option 1 restricts architectural offices
to the current sizes and locations. This would be done by not including the use within
the zoning amendments and allowing the more general grandfathering provision to
guide their treatment. This option allows current tenants to continue for the life of the
business, transfer the business to a new owner, to transfer the space to another
architect or design professional, and even to expand or move within the zone to a
space currently occupied by an architect. This provision does not allow these non-
conforming uses to expand or increase in intensity, and it terminates the use if vacated
for more than one year.
Option 2 - grandfathering an amount of square footage devoted to architectural
offices within the zone - is more flexible. This alternative contains the provisions
above with the ability to relocate or expand within an overall square footage cap for
the entire zone district with no I-year abandonment clause. This second option
requires the Council to include either "Architect Studio" or "Design Studio" as a
permitted use and limiting the total square footage in the zone. These are referred to
as options 2a and 2b. The second definition (2b) is more permissive and allows
product design, graphic arts, etc.
Monitoring. Options 2a and 2bofmaintaining an allowance in the SCI Zone for
architectural offices requires staff monitoring of the zone district by keeping an
accurate record of the square footage devoted to the use at any given time. This can
be done by recording building permit applications for existing architectural offices
and business license applications for new architectural offices. This is not a
complicated task and requires no new staffing or additional skills, It is, however, an
additional intricacy of the zoning which could result in a dilemma if not kept current.
The 'yearly report' - an idea already incorporated into the proposed Ordinance-
becomes very important if the total square footage allowance (option 2) is initiated.
Grandfathering & Compliance. Council provided staff with the specific direction to
treat businesses regardless of the manner in which they were originally established,
Therefore, all existing businesses in the SICII Zone District will fall into one of the
following three scenarios:
a) Each land use established prior to the adoption of this Ordinance which remains or
becomes a "permitted use" through this amendment shall be unaffected and require
no land use action.
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b) Each land use established prior to adoption of this Ordinance which remains or
becomes a conditional use with the Ordinance shall apply for and obtain conditional
use approval from the Planning and Zoning Commission upon expansion or other
substantial change in the nature of the use.
c) Each land use established prior to the adoption of this Ordinance which either
remains an unlawful use or is deleted as a permitted or conditional use by this, or a
previous, ordinance shall become or remain a legal non-conforming use subject to
the provisions of Section 26.104 of the Aspen Municipal Code, as amended from
time to time.
This language is included in the proposed Ordinance and covers all of the possible ways
in which the existing business were established or were amended over time to the
current use. This provision also allows the use to continue, regardless of the user, until
the use is vacated for more than one year.
The manner in which Council chooses to treat architectural or design studios should be
specified within this compliance section. The options are:
d) 1 -- Architectural Offices shall not be considered "Artist Studios." (This option
grandfathers the use specific to the location.)
2a - Architect Studios are permitted but the use may not exceed 7,660 total square
footage within the SCI Zone District.
2b - Design Studios are permitted but the use may not exceed 9,090 total square
footage within the SCI Zone District.
The Community Development Director recommends City Council choose option I,
Manufacturing. There has been some recent confusion surrounding the term
manufacturing. This is a broad term describing many actions - all of which include
taking unfinished materials and combining, or otherwise altering, them to create a
finished product. This includes, for example, producing tennis balls from raw
materials, It also includes dyeing tennis balls different color or printing the word
"Aspen" on blank tennis balls, It is literally impossible to specifically describe all of
the actions that can be performed on the world's various materials to make finished
products, especially considering there are many materials, processes, and products not
yet invented. The term "manufacturing" is the most flexible manner in which to
describe the act of creating a product from unfinished materials.
Other Uses. A few property owners have recently contacted staff questioning the
ability of the zoning to accommodate uses not yet defined. There may be types of
businesses, not yet invented, which may be appropriate and desirable to include in the
SCI Zone District. The normal process for amending the zoning code can be time
consuming and costly for a private applicant. There may be value, however, in
providing flexibility for the SCI Zone to accommodate new uses. There are a few
methods of doing this.
There has been an ongoing request from the Planning and Zoning Commission to
review all "use determinations." Additional SCI uses could be considered by either
the Director or by the Commission and then appealed to the Commission or to
Council. Revising this section, however, is a substantive amendment which should
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be included in the list of substantive changes to the Land Use Code rewrite. Staff
does not recommend a substantive change like this be included in the SCI Ordinance
for lack of thorough analysis,
As an alternative, there could be included a listed use stating "other similar uses
deemed to be appropriate by the Community Development Director, pursuant to
Section 26.112. Interpretations." The process for interpreting the land use code now
requires the Planning Director to make an interpretation which can then be appealed
to City Council. This does not address the larger issue of use reviews being handled
by the Commission. It does however, allow for the Director to consider a new use
and deem it appropriate as a permitted or conditional use without the applicant having
to prepare an application to amend the land use code.
The specific language allowing such flexibility has been included in the Ordinance
with highlighted text. If City Council does want to include this type of flexibility for
use reviews, staff recommends Council direct staff to develop a use review procedure,
as a follow-up item, which allows the Commission and Council the ability to hear
appeals and to call up decisions within a certain time period.
PRIMARY STAKEHOLDERS:
The legal requirement for an amendment to the text of the land use code is a notice in
the newspaper, In addition, staff identified as many businesses in the affected area as
possible and sent notices prior to each hearing. Also, members of the public were
encouraged to add their names to the mailing list to receive notices in the mail. Staff
made copies of the Commission memos available to the public prior to each hearing
and encouraged interested parties to address letters of concern to the Commission if
they could not attend the meetings in person.
After first reading of this Ordinance, staff held an informational meeting with
business owners to discuss the implications of the zoning, proposed compliance
methods, and terms such as grandfathering and non-conforming use.
ApPLICANT:
City of Aspen.
LOCATION:
There are two areas in town zoned S/C/I; The Puppy Smith and Mill Street
intersection (Post Office, etc.) and the East Bleeker Street area below the Concept 600
Condominiums.
PREVIOUS ACTION:
Council previously considered this zone district amendment during a work session
with the Planning and Zoning Commission. First Reading of this Ordinance was
completed on February 8, 1999.
REVIEW PROCEDURE:
Code amendments are recommended for approval, approval with conditions, or denial
by the Planning and Zoning Commission at a public hearing and then approved,
approved with conditions, or denied by City Council at a public hearing.
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STAFF COMMENTS:
The AACP and land use regulations reflect the community's desire to protect a sense
of place and identity, This code amendment addresses the policies and objectives of
the Housing and Commercial/Retail Action plans of the AACP.
Much of Aspen's character rests on being not only a resort, but a functioning town.
Critical to that feeling of'towness' is the layering of land uses and the way in which
they support and enhance each other. Although much of the attention has
traditionally been placed upon new growth as the major factor in affecting change, it
is also the loss oflocally oriented businesses and an inability to retain a "critical
mass" of the workforce in town which are major concerns,
Staff is suggesting that, if a service/industrial area of town is desired by the
community, the way to encourage those land uses is to provide regulatory incentives
and to prohibit land uses which encourage real estate speculation and intense retail
uses which may inflate lease rates above reasonable levels for the desired uses.
Important to the health and well-being of businesses in this zone is to be able to
provide employees with housing opportunities.
This area of town, however, will never be all things to all people, The community has
long determined that it will not address demand with more supply. The demand for
lower lease rates, and the pressure on this area of town to 'up-zone,' may always be
present. Staff believes the suggested provisions strike an acceptable balance.
RECOMMENDATION:
Staff recommends that Council review and consider the proposed Ordinance, make a
determination concerning architectural offices, a determination concerning an "other
uses" provision, and adopt this Ordinance upon second reading,
RECOMMENDED MOTION:
"I move to adopt Ordinance No.2, Series of 1999."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A - Review Criteria and Staff Comments
Exhibit B - Proposed Ordinance with a Summary of current land uses
Exhibit C - Definition of Home Occupation
Exhibit D - Vicinity Map
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Exhibit A
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STAFF COMMENTS: Text Amendment
Section 26.92.020, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A, Whether the proposed amendment is in conflict with any applicable portions of
this title,
Staff Finding:
The proposed code amendment intends to preserve and enhance the purpose of the zone district
by carefully defining those uses that will benefit the entire community, including affordable
housing to offset the generation of employees, and hopefully lessen the ambiguity of the current
text.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan,
Staff Finding:
Staff believes these changes to the zone district are supported by the AACP, The Commercial
Section of this document does encourage the preservation and expansion of the S/C/I Zone
District as a place for local serving businesses, Preventing the departure of local service and
light industrial businesses by excluding uses that encourage real estate speculation and higher
lease rates is a goal of the greater community. Identifying and encouraging the preservation and
development of light industrial and service uses that benefit the community may reduce the
necessity to drive downvalley, Encouraging small, private sector infill development of affordable
housing accessory to employee generating uses, located on-site, in and near desired activity and
employment centers preserves open and rural areas and sustains the "critical mass" essential to
the character of the community,
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics,
Staff Finding:
The SCI zone seems to work well in the current locations. Both areas are centrally located close
to downtown where services may be accessed by pedestrians, delivery access is convenient, and
accessory housing will be near employment opportunities, recreational resources, and convenient
to shopping. The increased amount of employee housing that can be built on-site can be
accommodated within the characteristics of the surrounding neighborhood, The amount of
residential density allowed is not anticipated to create any conflicts with surrounding land uses
and densities,
D. The effect of the proposed amendment on traffic generation and road safety,
Staff Finding:
The proposed changes should, if interpreted and enforced correctly, generate the same number or
fewer trips. Additional housing opportunities within walking distance to employment, recreation,
retail, and essential services could reduce the need for everyday driving,
staff comments page I
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E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not limited
to, transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities,
Staff Finding:
The types of uses and densities within already established urban areas are not expected to create
abnormal demands on public facilities. Development proposals may be evaluated on a individual
basis through the growth management review process.
F, Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment
Staff Finding:
The areas of the city zoned SCI are within the urban core and have been developed for some
time, Preventing downvalley migration of light industrial and service businesses and
encouraging the business oWners to provide employee housing on-site may actually prevent
adverse impacts on the natural environment
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen,
Staff Finding:
One of the most profound c;lifferences between Aspen and other mountain resort towns is its
history as a "real" town, Although there are continual challenges to the original theme, Asp~n is
not merely a real estate development accessory to a resort economy, it is a town.
Characteristic of traditional towns is a layering of land uses, Each layer serves an important
function in supporting other layers but generally cannot survive individually,
Extremely important to the residents of this community is the preservation ofthis town's
character as separate and distinct from a Vail or Snowmass Village character, While it may seem
a silly thing to celebrate, the ability to get a vacuum cleaner fixed in town is important, The day
that the vacuum cleaner repair shop becomes an upscale boutique or a second home, the town is
less Aspen and more Vail.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment
Staff Finding:
It has been brought to the attention of staff that there may be some abuses of this zone district It
has also become obvious to staff that any enforcement action by staff should be directed by City
Council. With the amendments, staff has attempted to encourage service and industrial uses
through limiting specifically the allowed uses and providing additional flexibility in the
dimensional requirements,
I. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title,
Staff Finding:
This proposed amendment does not pose any conflicts with the public .interest. Staff has tried to
identify uses which are appropriate and desirable in this area of town and further specify those
uses which may have potential off-site impacts as conditional.
staff comments page 2
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Exhibit C
SCI
Home occupation means a business, occupation or trade conducted entirely within a
residential building or accessory structure for gain or support by a resident of the
dwelling, and no other, which,
A. Is clearly incidental and secondary to the residential use of the building;
B. Does not change the essential residential character of the use;
C. Employs no more than one person who is a nonresident of the building;
D. Operates pursuant to a valid occupational license for the use held by the resident
of the dwelling unit;
E. Is confined to no more than fifty (50) percent of the total floor area of the main
level floor of the dwelling;
F. Does not advertise, display, or otherwise indicate the presence of the home
occupation on the premises other than as provided in Chapter 26.36;
G, Does not sell any stock in trade, supplies or products on the premises;
H. Is not visible from any other residential structure;
L Does not store outside of the dwelling any equipment or materials used in the
home occupation;
1. 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;
K. Provides off-street parking to accommodate the needs of the home occupation;
and,
L. Does not include any of the following uses as a home occupation: antique shop,
barber shop, beauty parlor, health or medical clinic. mortuary, nursing home,
restaurant, veterinarian's clinic or dancing studio.
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Mar-OB-99 02,43P Bass & Co.
P.02
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HOWARD BASS
P .0, Bo)( 50ia . . . . - -~---_.__.._-_..._---~ . "..,
Aspen, Colorado 81612
...-.--taleph~~;;'~ (9701920,,22"17
Facsimile: {970} 920--4787
March 8. 1999
CCf1' ~~l
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Mr. Christopher Bendon. Planner
City of Aspen
130 S, Galena Street
Aspen, Colorado & 1611
Re: SCI Zoning
Dear Chris:
I would like to sugget that because so many of the allowed uses are so specific,
that the following be added under conditional uses:
"Such other uses~not sP~~Yt4rmitted/~:~t ofthe zone,"
This would allow e consideration ofusetn.ot specifically mentioned to be
considered, such as: I) .ture building; 2) reupholstering; 3) radio station; 4) food
product manufacturing and distribution, ~'~r' ff<<1
Thank you very much for your cooperation, ~ 'f>.O\- ~,~
Sincereif',
bcnd;:m
MEMORANDUM
'VIII a.
A
TO:
Mayor and City Council
Amy Margerum, City Manager\\ \ \ \ /
Julie Ann Woods, community'M;ie Director
Mitch Haas, Interim Deputy Director. .
Christopher Bendon, Plauner ~
Service/CommerciallIndustrial (S/C/I) Zone District
Code Amendment -- First readingof Ordinance No. 02.- , Series of 1999
THRU:
FROM:
RE:
DATE:
February 8, 1999
SUMMARY:
City Council reviewed this proposed amendment to the SCI Zone District during a
work session with the Planning and Zoning Commission in September of 1998.
Members of both the Council and the Commission provided specific direction
regarding the zoning provisions and preferred methods of implementation, In
addition, Council requested the proposed definitions associated with the zoning be
incorporated in one Ordinance, The suggested changes have been incorporated along
with the definitions.
One unresolved issue from the work session centered around architectural offices and
studios, Council has expressed interest in the following methods of addressing this
issue: 1) to not allow the use through the zoning but grandfather all existing users
until the use is vacated; 2) grandfather the percentage of the zone devoted to the use
which allows that amount of use to be transferred around within the zone; and, 3)
allow the use as either a permitted or conditional use but limit the size of a studio to
encourage small businesses.
Option 1 is the method preferred by staff as the most fair in light of the interpretation
which allowed the use within the "artist studio" definition and in light of the
Commission and Council concerns about the possible gentrification of the zone. Also,
this option would be more easily enforced, This method is included in the proposed
Ordinance. Options 2 and 3 are viable options to allow the architect use to continue
but curtail its affects on the zone district. These options, however, would create a
specific provision for architects, as opposed to any other use being grandfathered, and
would require more staff monitoring of the zone than would option 1.
Option 3 proposes allowing the use but restricting the size. There are two items for
Council to consider with this option: the size of the studio and the definition of the
studio. If Council determines Option 3 to be the most appropriate method of
addressing this issue, staff suggests limiting the size of a studio to 750 square feet.
This prevents a large design firm from overwhelming the district. Staff has proposed
two studio definitions, An "Architect Studio" would restrict the users to Architects, a
1
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"Design Studio" would be more broad and allow graphic arts, landscape architects,
etc.
Staff has proposed a "grandfathering" provision to allow all uses currently in the SCI
Zone District the ability to continue. This was the general direction expressed by
Council members. This provision allows any use, regardless of the way in which it
was established, to continue as a non-conformity if it is not specifically allowed in the
zoning.
The retail provision allows up to 25% of the floor area for retail and customer service
area for all uses unless specifically noted in the zoning (such as for building
materials). This percentage can be increased through a conditional use review if the
applicant can demonstrate the extra allowance is needed and appropriate for the use.
The affordable housing provision has not changed from the previous proposaL The
FAR may be increased by' an additional I : I for the purpose of affordable housing
within the lower Categories. And, the use remains conditional to ensure compatibility
with surrounding uses.
One suggestion made during the work session involved a yearly status report for the
zone district. This has been incorporated in the Ordinance as an activity for staffto
perform annually for a period of three years, or as extended by CounciL
The attachments detail the existing and proposed zoning as well as the proposed
definitions. Staff has not included many of the attachments from previous
memoranda. Upon direction from Council, staff will provide detailed comparisons or
reports on specific topic areas as needed for second reading.
MAIN ISSUES:
Architects. Staff is concerned about architects being considered within the artist
studio definition. This is somewhat vague and places staff in a position of evaluating
an architect's artistic ability rather than understanding the definitive policy from
CounciL
The Commission was mixed on this topic, Some Commissioners felt that an
architect's' studio' was nothing more than an office taking advantage oflower lease
rates, and hence belonging in an office or commercial zone district. Others felt that
architects have a certain artistic quality to their work and have different space
requirements associated with their businesses than do other offices. The
Commissioners did all agree, however, that their biggest fear was the potential influx
of large architectural firms and that any provision for architects should not allow
related fields such as landscape architecture or engineering firms. This sentiment has
also been expressed by some Council members. Staff remains concerned a
differentiation between Architects and Landscape Architects may be construed as
arbitrary .
Staff maintains the opinion expressed by the department when the issue first surfaced
almost a decade ago. That is, "Architectural Offices" are not "Artist Studios" and
belong in the Office Zone or other zone districts where offices are permitted.
2
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However, the interpretation to allow architects is "water under the bridge" and there
exists a certain fairness issue with architects who now occupy space in the zone in
good faith, As strongly as staff believes the interpretation was misguided, staff feels
equally as strong that individual tenants should not bare the brunt of that realization
and should not be made to vacate.
Staff believes the grandfathering provision in this Ordinance represents a fair
resolution of this issue while maintaining the integrity of the zone and the eventual
abatement of all non-conforming uses, including Architects. The grandfathering
provision allows current tenants to continue for the life of the business, transfer the
business to a new owner, to transfer the space to another architect or design
professional, and even to expand or move within the zone to a space currently
occupied by an architect. By default, this provision caps the amount ofthe zone
designated to Architects, This provision does not allow non-conforming uses to
expand or increase in intensity, and it terminates the use if vacated for more than one
year. This provision does not introduce a "heavy hand" by government, but rather
allows non-conforming uses to naturally diminish. This is the same policy applied to
non-conforming uses throughout town.
Compliance. Council is also requested to provide guidance on enforcement and to
specifically address the businesses falling into scenario #6, as described below,
Specific direction from individual Council members was to "not kick-out any
businesses from the scr Zone." Staffhas amended this compliance provision of the
proposed Ordinance to grandfather any currently existing use regardless of the way in
which it was originally established, All existing businesses in the s/c/r Zone District
will fall into one ofthe following scenarios with adoption ofthese revisions:
I. Lawfully established and conforming, unaffected by amendments.
2. Lawfully established use which becomes designated as a conditional use,
3. Lawfully established use which is deleted as a permitted or conditional use.
4. Illegally established and conforming with amendments,
5. Illegally established use which becomes a conditional use.
6. Illegally established and remaining or becoming an unapproved use.
Staff has proposed a policy to address each of these situations in the proposed
Ordinance as described below. This has been a very sensitive issue for everyone
affected: proponents and opponents, alike. These are meant to be a benchmark for the
Council to initiate discussion.
1. Each land use lawfully established prior to the adoption of this Ordinance which
remains or becomes a permitted use shall be unaffected,
2. Each land use lawfully established prior to adoption of this Ordinance which
remains or becomes a conditional use with the Ordinance shall apply for and
obtain conditional use approval from the Planning and Zoning Commission
upon expansion or other substantial change in the nature of the use,
3
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3. Each land use lawfully established prior to the adoption of this Ordinance which
is deleted as a permitted or conditional use by this or a previous ordinance shall
become or remain a legal non-conforming use subject to the provisions of
Section 26.104 of the Aspen Municipal Code, as amended from time to time.
4. Each land use not lawfully established prior to the adoption of this Ordinance
which becomes a permitted use may continue with no necessary land use action.
S. Each land use not lawfully established prior to the adoption of this Ordinance
which becomes a conditional use shall be required to seek conditional use
approval from the Planning and Zoning Commission upon expansion or other
substantial change in the nature of the use.
6. Each land use not lawfully established prior to the adoption of this Ordinance
which remains an unlawful use shall become a legal non-conforming use subject
to the provisions of Section 26.104 of the Aspen Municipal Code, as amended
from time to time.
PRIMARY STAKEHOLDERS:
The legal requirement for an amendment to the text of the land use code is a notice in
the newspaper. In addition, staff identified as many businesses in the affected area as
possible and sent notices prior to each hearing, Also, members of the public were
encouraged to add their names to the mailing list to receive notices in the mail. Staff
made copies of the Commission memos available to the public prior to each hearing
and encouraged interested parties to address letters of concern to the Commission if
they could not attend the meetings in person,
ApPLICANT:
City of Aspen,
LOCATION:
There are two areas in town zoned SIC/I; The Puppy Smith and Mill Street
intersection (Post Office, etc.) and the East Bleeker Street area below the Concept 600
Condominiums.
PREVIOUS ACTION:
Council previously considered this zone district amendment during a work session
with the Planning and Zoning Commission.
REVIEW PROCEDURE:
Code amendments are recommended for approval, approval with conditions, or denial
by the Planning and Zoning Commission at a public hearing and then approved,
approved with conditions, or denied by City Council at a public hearing,
STAFF COMMENTS:
The AACP and land use regulations reflect the community's desire to protect a sense
of place and identity. This code amendment addresses the policies and objectives of
the Housing and CommerciallRetail Action plans ofthe AACP.
4
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Much of Aspen's character rests on being not only a resort, but a functioning town.
Critical to that feeling of 'towness' is the layering of land uses and the way in which
they support and enhance each other. Although much of the attention has
traditionally been placed upon new growth as the major factor in affecting change, it
is also the loss of locally oriented businesses and an inability to retain a "critical
mass" of the workforce in town which are major concerns,
Staff is suggesting that, if a service/industrial area of town is desired by the
community, the way to encourage those land uses is to provide regulatory incentives
and to prohibit land uses which encourage real estate speculation and intense retail
uses which may inflate lease rates above reasonable levels for the desired uses.
Important to the health and well-being of businesses in this zone is to be able to
provide employees with housing opportunities.
This area of town, however, will never be all things to all people. The community has
long determined that it will not address demand with more supply. The demand for
lower lease rates, and the pressure on this area of town to 'up-zone,' may always be
present. Staff believes the suggested provision strike an acceptable balance.
RECOMMENDATION:
Staff recommends that Council review and consider the proposed Ordinance, and then
identify and direct staff to provide the necessary information needed for the Council
to make a final decision. If Council feels this Ordinance is ready for a public hearing,
one should be scheduled.
RECOMMENDED MOTION:
"I move to adopt Ordinance No. _, Series of 1999 upon first reading."
ALTERNATE MOTION:
"I move to continue this first reading of Ordinance No. _, Series of 1999 until
_,1999, and direct staff to provide the following information:
"
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Zoning Summary
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Exhibit A
STAFF COMMENTS: Text Amendment
Section 26.92.020, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this title,
Staff Finding:
The proposed code amendment intends to preserve and enhance the purpose of the zone district
by carefully defining those uses thatwill benefit the entire community, including affordable
housing to offset the generation of employees, and hopefully lessen the ambiguity of the current
text
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan,
Staff Finding:
Staff believes these changes to the zone district are supported by the AACP, The Commercial
Section of this document does encourage the preservation and expansion of the SICII Zone
District as a place for local serving businesses, Preventing the departure of local service and
light industrial businesses by excluding uses that encourage real estate speculation and higher
lease rates is a goal of the greater community, IdentifYing and encouraging the preservation and
development of light industrial and service uses that benefit the community may reduce the
necessity to drive downvalley, Encouraging small, private sector infill development of
affordable housing accessory to employee generating uses, located on-site, in and near desired
activity and employment centers preserves open and rural areas and sustains the "critical mass"
essentialto the character of the community.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics,
Staff Finding:
The SCI zone seems to work well in the current locations. Both areas are centrally located close
to downtown where services may be accessed by pedestrians, delivery access is convenient, and
accessory housing will be near employment opportunities, recreational resources, and convenient
to shopping, The increased amount of employee housing that can be built on-site can be
accommodated within the characteristics of the surrounding neighborhood. The amount of
residential density allowed is not anticipated to create any conflicts with surrounding land uses
and densities,
D. The effect of the proposed amendment on traffic generation and road safety,
Staff Finding:
The proposed changes should, if interpreted and enforced correctly, generate the same number or
fewer trips. Additional housing opportunities within walking distance to employment,
recreation, retail, and essential services could reduce the need for everyday driving,
staff comments page 1
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E. Whether and the eXtent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment wouid exceed the capacity of such facilities, including, but not iimited
to, transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities,
Staff Finding:
The types of uses and densities within already established urban areas arenot expected to create
abnormal demands on public facilities. Development proposals may be evaluated on a
individual basis through the growth management review process,
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding:
The areas of the city zoned SCI are within the urban core and have been developed for some
time, Preventing downvalley migration of light industrial and service businesses and
encouraging the business owners to provide employee housing on-site may actually prevent
adverse impacts on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen,
Staff Finding:
One of the most profound differences between Aspen and other mountain resort towns is its
history as a "real" town. Although there are continual challenges to the original theme, Aspen is
not merely a real estate development accessory to a resort economy, it is a town,
Characteristic of traditional towns is a layering ofland uses, Each layer serves an important
function in supporting other layers but generally cannot survive individually.
Extremely important to the residents of this community is the preservation of this town's
character as separate and distinct from a Vail or Snowmass Village character. While it may
seem a silly thing to celebrate, the ability to get a vacuum cleaner fixed in town is important.
The day that the vacuum cleaner repair shop becomes an upscale boutique or a second home, the
town is less Aspen and more VaiL
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding:
It has been brought to the attention of staff that there may be some abuses of this zone district. It
has also become obvious to staff that any enforcement action by staff should be directed by City
CounciL With the amendments, staff has attempted to encourage service and industrial uses
through limiting specifically the allowed uses and providing additional flexibility in the
dimensional requirements.
I. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title,
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest. Staff has tried to
identify uses which are appropriate and desirable in this area of town and further specify those
uses which may have potential off-site impacts as conditional.
staff comments page 2
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EXHIBIT 8
SUMMARY OF USES, DIMENSIONS, AND DEFINITIONS
2.8.99
Uses Existing Proposed
Zoning Zoning
Building materials, components, and equipment P P
fabrication, sales, rental, repair, and servicing with
up to 100% of the floor area devoted to retail or
customer service use,
Building Maintenance Facility P ***** P
Household appliance, equipment, & furniture rental P P
and repair
Electronics, Computers, and Telecommunication
Equipment
manufacturing P P
Computer sales - ***** C
rental - C
repair, servicing P P
Autos and Motorcycles
sales P C
rental - C
repair, servicing, detailing, and auto parts sales P ***** P
washing faCility P C
Sporting goods
manufacturing, repair, and servicing P P
sales and rental - C
Clothing and Shoes
manufacturing, repair, alteration, and tailoring - P
rental - C
Animals:
Grooming - P
Veterinary clinic C C
Animal Boarding - C
Fabric and Sewing Supply - P
Typesetting and Printing P P
Photo Processing Laboratory with no retail or - C
customer service area
Commercial bakery, catering service, commercial P P
kitchen
Artist's Studio P P
Tattoo Parlor - C
Architect Studio/Design Studio P ***** -
Consignment sales of second-hand clothing, sporting C
goods, or furniture with up to 100% of the floor area
devoted to retail or customer service area,
Brewery & Brewing Supply - C
Zoning Summary page 1
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, .J .... : .. . ... ...... .
Coffee Roasting & CoTtee Roasting Supply - C
Rehearsal or Teaching studio for creative, C ***** C
performing and/or martial arts not genrally recieving
the public and with no public performances (dance
studio, martial arts studio)
Locksmith - P
Post Office - P
Warehousing and Storage P P
Service Yard - P
Accessory Buildings and Uses P P
Gas Station C C
Laundromat C C
Commercial Dry Cleaning and Laundry P C
Recycling Center - C
Home Occupations P P
Dwelling unit accessory to an artist studio P -
Affordable dwelling unit accessory to any permitted P -
use
Free-market dwelling unit accessory to any permitted C -
use other than artist studio
Studio, one (1) bedroom, or two (2) bedroom - C
affordable residential dwelling unites) accessory to a
permitted use, meeting the current net minimum
livable square footage requirements for newly deed
restricted affordable housing units (as defined by the
Aspen/Pitkin County Housing Authority), located
entirely above natural or finished grade, whichever is
more restrictive, and entirely above any non-
residential use within the structure. deed restricted to
affordable housing guidelines for Categories 1,2, or
3'
,
DIMENSION EXISTING ZONING PROPOSED ZONING
Minimum lot Size 6,000 s.f. 6,000 s.f. *****
Lot area per dwelling unit: 6,000 - 9,000
s.f. lots
Studio 1000
One bedroom 1200
Two bedroom 2000
Three bedroom 3000
over three bedroom 1000 per bedroom
Lot area per dwelling unit for 9,000+ s.f.
lots
Studio 1000
One bedroom 1250
Two bedroom 2100
Three bedroom 3630
over three bedroom one bedroom plus
1000 s.f. of lot
area
Zoning Summary page 2
Lot area per dwelling unit
Studio 625
One bedroom 875
two bedroom 1125
Minimum lot width no requirement no requirement
Minimum front yard 20' from arterial no requirement
streets (Mill and
Spring), 10' from
all other streets
Minimum side yard no requirement no requirement
Minimum rear yard no requirement no requirement
Maximum height 32 feet 35 feet
Minimum distance between principal and no requirement no requirement
accessory buildings
Percent Open Space 25% no requirement
External Floor Area Ratio (FAR) 1:1 1:1, May be
increased to 2: 1
provided all additional
floor area is for
residential uses only
Internal FAR no requirement no requirement
Off-Street parking required
Residential 1 space per 1 space per bedroom
bedroom or two or two per unit. May
per unit. May be lowered through
lower for AD Us Conditional Use
only
All other uses 3 per 1000 s.f, net 1,5 per 1000 s.f, net
leasable leasable unless
otherwise established
through SpeCial
. Review
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P = Permitted Use C = Conditional Use
***** Represents items needing further discussion or staff explanation
Definitions:
Artist Studio: is a fine arts workshop of a painter, sculptor, potter, weaver,
carver, photographer, or other similar art that requires artistic skill, and not
generally utilitarian, related to personal adornment, receiving the public, or
engaging in retail sales,
Architect Studio: A workshop primarily devoted to the design of buildings.
Zoning Summary page 3
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Design Studio: A workshop primarily devoted to the design or representation of
built form landscapes, consumer products. or graphic arts.
Consignment Retail Establishment: A retail establishment in which the operator
sells second hand goods as a third party agent between the buyer and seller.
Animal Boarding Facility: An establishment which houses animals overnight or
over an extended period of time.
Animal Grooming Establishment: An establishment principally engaged in
grooming animals in which overnight boarding is prohibited.
Veterinary Clinic: A facility maintained by or for the use of a licensed
veterinarian in the care and treatment of animals wherein overnight care is
prohibited except when necessary for medical pUl:poses.
Veterinar)' Clinic:: means an endosed facility within a bHilding; or portion
thereof fer the care and treatmellt of animals, 'l(here boarding; of healthy animals
is prohibited and adeqHate provisions are made to avoid any and all adverse
iHlj3acts on the surrolHlding; neig;hborhood which mig;ht other,>,'ise resHIt from
noise, odors, '...-aote, and the like.
Recycling Center: A building or facility used for the collection and preparation
of recyclable material for efficient shipment
Brewery: A facility for the production and packaging of alcoholic malt
beverages for distribution which does not generally receive the public or engage
in retail sales.
Coffee Roasting Facility: A facility for the processing and packaging of coffee
beans for distribution which does not generally receive the public or engage in
retail sales.
Commercial Kitchen: means a commercial establishment producing or
wholesaling prepared food items in which retail dispensing is prohibited.
Commereial Bakery: means a bakery in 'shieh there is permitted the production
and/or wholesaling; of baked g;oods, bat where over the coUflter or other retail
dispensing; of baked g;oods shall be prohibited.
Shop Craft IndHotry: means an:,' establishmellt prodHcing; one of a kind products
which are handmade or made with limited mechanical assistance. This indudes
bat is not limiteEl to doth and baokct weaving, pottery making;, g;lass blowing,
and ceramics.
Zoning Summary page 4
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MEMORANDUM
TO:
Mayor and City Council
Planning and Zoning Commission
THRU:
Amy Margerum, City Manager
Stan Clauson, Community Development Directo~
Christopher Bendon, Planner
FROM:
RE:
S/efI Zone District Joint Worksession
DATE:
September 8, 1998
SUMMARY:
At first reading of the Ordinance, City Council requested a joint worksession with the
Planning and Zoning Commission to discuss the proposed S/C/I zone district code
amendment. Council also requested additional information from planning staff which has
been provided.
Staff s goal for this meeting is to fully inform Council of the specifics of the
recommendation from the Planning and Zoning Commission, its relevant changes from the
existing zoning, the proposed method of implementation, and the businesses possibly
affected. Council may wish to query staff and the Commission on specific provisions of the
proposed zoning. Staff has prepared a summary of the changes and a more detailed analysis
of several key issues.
HISTORY AND PROCESS:
The ServicelCommercial! Industrial (S/CII) Zone District was created in 1971 to provide for
certain light industrial and commercial trade land uses in town, and to discourage these
businesses from migrating Downvalley.
The Planning and Zoning Commission, concerned about the possible erosion of this zone
district, instructed staff to investigate and strictly enforce the zoning regulations in this zone
district. Upon identifying the number of businesses which may be affected by such strict
enforcement, staff returned to the Commission to discuss the purpose and specific provisions
of the S/C/I Zone District. Staff recommended that the Commission either reaffirm or
amend the purpose of the district before taking any enforcement actions, and that those
actions should be at the direction of City Council.
At the Commission's direction, staff evaluated the S/C/I Zone District's purpose within the
overall context of the town and identified possible opportunities for redefinition. These
suggested amendments were first brought to the Planning and Zoning Commission in a
worksession format in which the Commissioners were able to consider the staff analysis, and
raise additional concerns and issues before having to make a formal recommendation to
Council. Staff then scheduled and conducted public hearings for the Commission to
consider the philosophy and specifics of the S/C/I Zone District. Six public hearings took
place before the Commission made the final recommendation.
During this process, the Commission considered the purpose of the zone district and
reaffirmed its importance within the overall plan for the Aspen community. Important to the
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Commissioners was the 'trickle down valley effect' of up-scaling land uses in the
commercial areas. This trend increases auto usage and disrupts the town/resort balance. The
discussion suggested that land uses generating high ground rents belong in other zone
districts. Restaurants, retailers, offices, and other high-volume uses belong downtown in the
CC, Cl, 0, and possibly the NC and LTR districts. Residential land uses (as a primary use)
belong in residential areas oftown. Uses that are oriented more to the manufacturing and
servicing of consumer goods with a limited amount of customer traffic and which may be
inappropriate for a downtown location should be permitted in the S/C/I Zone District.
After this philosophical debate, the Commission amended the zone district's purpose
statement to reflect this spirit. This statement is important in that it allows future assignees
the insight of the present decision makers in interpreting future uses. The resulting purpose
statement is as follows;
Purpose. The purpose of the Service/CommerciallIndustrial (S/CII) zone district is
to allow for the use of land for the preservation or development of limited
commercial and industria.l uses which do not require or generate high customer
traffic volumes; are primarily oriented to the manufacturing, repair, storage, and
servicing of consumer goods; and have a limited office, showroom, retail, or
customer service area; to permit artist's studios; and, to permit customary accessory
uses, including affordable residential dwelling' units accessory to permitted uses.
The Commission then considered the appropriate uses for the S/CII Zone District. In doing
so, the Commission considered current land uses as well as possible future uses in the
context of "permitted" or "conditionaL" Permitted uses should be those which do not require
a review beyond a building permit and/or a business license. Conditional uses should be
those which may have on- or off-site impacts or which may be incompatible with an adjacent
use. Important in this discussion was the desire to allow affordable housing accessory to
permitted uses to aid business owners in housing their employees. The Commission was in
favor of encouraging an owner to 'mitigate' on-site but did not want the residential uses to
overcome the primary uses or be developed in a way incompatible with surrounding
businesses.
The Commission then discussed the appropriate dimensional requirements which would
encourage the desired land uses. Generally, these proposed dimensions allow twice the
amount of development provided the additional development potential be for the purpose of
affordable housing. Also, these requirements loosen the envelope in which development
may occur. In this discussion, the Commission considered the ways in which dimensions
should be established and approved.
Throughout this process, the Commission reviewed the philosophy and purpose statements
to affirm a specific regulation's intent within the larger concept. Occasionally, this
reflection resulted in a minor change to the purpose statement. Readily apparent during the
series of public hearings with the Commission is that the S/CII Zone District, as well as
probably every other zone district in town, can never be all things to all people. It can,
however, serve an important role in the context of all other zone districts in the preservation
ofthe town/resort balance.
PRIMARY STAKEHOLDERS:
Staff has distributed a letter notifying business owners in the S/CII Zone District of the
worksession. The nature of the worksession, as opposed to a public hearing, was described
and those citizens realize there may not be an opportunity to directly address the Boards.
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ATTACHMENTS:
Exhibit A -- Proposed Zoning
Exhibit B -- Strike thru / Underline Zoning Text
Exhibit C -- Zoning Summary
Exhibit E -- Definitions
Exhibit F -- Housing
Exhibit G -- Retail
Exhibit H -- Architects
Exhibit I -- Licenses
Exhibit J -- Enforcement & Monitoring
Exhibit K -- Square Footage Limitations
Exhibit L -- Grandfathering
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A
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SUMMARY OF USES AND DIMENSIONS
3.31,98
Uses Existing Proposed
Zoning Zoning
Building materials, components, and equipment P P
fabrication, sales, rental, repair, and servicing with
up to 100% of the floor area devoted to retail or
customer service use.
Building Maintenance Facility P ***** P
Household appliance, equipment, & furniture rental P P
and repair
Electronics, Computers, and Telecommunication'
Equipment
manufacturing P P
Computer sales - ***** C
rental - C
repair, servicing P P
Autos and Motorcycles
sales P C
rental - C
repair, servicing, detailing P ***** P
washing facility P C
Sporting goods .
manufacturing, repair, and servicing P P
sales and rental - C
Clothing and Shoes
manufacturing. repair, alteration, and tailoring - P
rental - C
Animals:
Grooming - P
Veterinary clinic C C
Animal Boarding - C
Sewing Supply - P
Typesetting and Printing P P
Photo Processing Laboratory with no retail or - C
customer service area
Commercial bakery, catering service, commercial P P
kitchen
Artist's Studio P P
Tattoo Parlor - C
Architect Studio P ***** - ---'v
Consignment sales of second-hand clothing, sporting C
goods, or furniture with up to 100% of the floor area
devoted to retail or customer service area.
Brewery & Brewing Supply - C
Coffee Roasting & Coffee Roasting Supply - C
Zoning Summary page 1
j
Rehearsal or Teaching studio for creative, C ***** C
performing and/or martial arts not genrally recieving
the public and with no pUblic performances (dance
studio, martial arts studio)
Locksmith - P
Post Office - P
Warehousing and Storage P P
Service Yard - P
Accessory Buildings and Uses . P P
Gas Station C C
Laundromat C C
Commercial Dry Cleaning and Laundry P C
Recycling Center - C
Home Occupations P P
Dwelling unit accessory to an artist studio P -
Affordable dwelling unit accessory to any permitted P -
use
Free-market dwelling unit accessory to any permitted C -
use other than artist studio
Studio, one (1) bedroom, or two (2) bedroom - C
affordable residential dwelling unit(s) accessory to a
permitted use, meeting the current net minimum
livable square footage requirements for newly deed
restricted affordable housing units (as defined by the
Aspen/Pitkin County Housing Authority), located
entirely above natural or finished grade. whichever is
more restrictive, and entirely above any non-
residential use within the structure, deed restricted to
affordable housing guidelines for Categories 1,2, or
3'
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DIMENSION EXISTING ZONING PROPOSED ZONING
Minimum lot Size 6,000 s.f. 6,000 s.f. *****
Lot area per dwelling unit: 6,000 - 9,000
s.f. lots
Studio 1000
One bedroom 1200
Two bedroom 2000
Three bedroom 3000
over three bedroom 1000 per bedroom
Lot area per dwelling unit for 9,000+ s.f.
lots
Studio 1000
'. ... . . .. ......... One bedroom 1250
Two bedroom 2100
. Three bedroom 3630
over three bedroom one bedroom plus
1000 s.f. of lot
area
Lot area per dwelling unit
Zoning Summary page 2
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0.
.' i , .. ... ......
Studio '. 625
One bedroom 875
two bedroom 1125
Minimum lot width - no requirement no requirement
Minimum front yard 20' from arterial no requirement
streets (Mill and
Spring), 10' from
all other streets
Minimum side yard no requirement no requirement
Minimum rear yard no requirement no requirement
Maximum height 32 feet 35 feet
Minimum distance between principal and no requirement no requirement
accessory buildings
Percent Open Space 25% no requirement
External Floor Area Ratio (FAR) 1:1 1:1. May be
increased to 2: 1
provided all additional
floor area is for
residential uses only
Internal FAR no requirement no requirement
Off-Street parking required
Residential 1 space per 1 space per bedroom
bedroom or two or two per unit. May
per unit. May be lowered through
lower for ADUs C~~onal Use
only / iii'
. All other uses 3 per 1000 s.f. net 175 per 1000 s.f. net
leasable leasable unless
otherwise established
through Special
Review
P = Permitted Use C = Conditional Use
..... Represents items needing further discussion or staff explanation
Zoning Summary page 3
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PROPOSED DEFINITIONS
These definitions are scheduled for a public hearing at the Planning and Zoning Commission
on October 6.
Architect Studio: A workshop primarily devoted to the design of buildings.
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Vetermary Clinic: A facility maintained by or for the use of a licensed veterinarian
in the diagnosis. treatment, and prevention of animal diseases wherein the overnight
care is prohibited except when necessary for medical purposes.
Animal Boarding Facility: An establishment which houses animals overnight or
over an extended period of time.
Animal Grooming: An establishment principally engaged in grooming animals in
which overnight boarding is prohibited.
Recycling Center: A building or facility used for the collection and/or preparation of
recyclable material for efficient shipment.
Brewery: A facility for the production and packaging of alcoholic malt beverages
for distribution which does not generally receive the public or engage in retail sales.
Coffee Roasting Facility: A facility for the processing and packaging of coffee beans
for distribution which does not generally receive the public or engage in retail sales.
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EXISTING DEFINITIONS . n ~
Artist's Studio: is a~rkshoP of a painter, sculptor, potter, weaver, cll!Y~&~ M/ cfit7;L '
photographer, or other similar art that requires artistic skill,-an~nerally 11<'{ "?v-
receiving the publiCi ~lated to personal adornment, or engaging in retail sales.
. . '~~(f;.'"
Tattoo Parlor: is a b siness establishment principally engaged in the business of
creating indelible marks or figures fixed upon the body by insertion of pigment under
the skin or by production of scars for pay.
Shop Craft Industry: means any establishment producing one-of-a-kind products
which are handmade or made with limited mechanical assistance. This includes but
is not limited to cloth and basket weaving, pottery making, glass blowing, and
ceramics.
Accessory use or accessory structure means a use or structure that is naturally and
normally incidental to, subordinate to, and devoted primarily to the principal use or
structure of the premises; does not change the basic character of the premises, as
determined by its principal use or structure; is subordinate in area. extent and purpose
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to the principal use or structure served; contributes to the comfort, convenience or
necessity of occupants of the principal use or structure served; and is located on the
same lot or contiguous lots under the same ownership as the principal use or
structure. In no event shall an accessory use be construed to authorize a use not
otherwise permitted in the zone district in which the principal use is located and in no
event shall an accessory use ot structure be established prior to the principal use or
structure to which it is accessory. Accessory buildings or structures shall not be
provided with kitchen or bath facilities sufficient to render them suitable for
permanent residential occupation.
Home occupation means a business, occupation or trade conducted entirely within a
residential building or accessory structure for gain or support by a resident of the
dwelling, and no other, which:
A. Is clearly incidental and secondary to the residential use of the building;
B. Does not change the essential residential character of the use;
C. Employs no more than one person who is a nonresident of the building;
D. Operates pursuant to a valid occupational license for the use held by the resident
of the dwelling unit;
E. Is confined to no more than fifty (50) percent of the total floor area of the main
level floor of the dwelling;
F. Does not advertise, display, or otherwise indicate the presence of the home
occupation on the premises other than as provided in Chapter 26.36;
G. Does not sell any stock in trade, supplies or products on the premises;
H. Is not visible from any other residential structure;
I. Does not store outside of the dwelling any equipment or materials used in the
home occupation;
J, 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;
K. Provides off-street parking to accommodate the needs of the home occupation;
and,
1. Does not include any ofthe following us.es as a home occupation: antique shop,
barber shop, beauty parlor, health or medical clinic, mortuary, nursing home,
restaurant, veterinarian's clinic or dancing studio.
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AFFORDABLE HOUSING
The existing zoning allows for housing in three scenarios. Free market dwellings
ancillary to an Artist's Studio are a permitted use. Dwellings ancillary to any other use
require conditional use approval unless they are deed restricted to affordable housing in
which case they are a permitted use. In any case, housing must obtain an allotment
through growth management. A change-in-use allows for existing space to be converted
to free-market housing without significant review.
Planning staff felt the provision of housing in the S/C/I Zone should compliment those
uses in which the community has tried to preserve. Because the market for housing is so
lucrative, free-market housing may challenge conventional SCI uses and may encourage
artistic interpretations of an artist.
The proposed zoning doubles the allowable FAR by an additional 1: 1 for the purpose of
providing affordable housing accessory to any use. The Planning Commission suggested
Conditional Use review to ensure any housing developed in the S/CII Zone is compatible
with surounding uses. This is an important requirement given the types of uses allowed
in the zone. The provision allows for studio, one-bedroom, and two bedrooms unit with
the following language:
Studio, one (1) bedroom, or two (2) bedroom affordable residential dwelling unit(s)
accessory to a permitted use, meeting the current net minimum livable square footage
requirements for newly deed restricted affordable housing units (as defined by the
AspenlPitkin County Housing Authority), located entirely above natural or finished
grade, whichever is more restrictive, and entirely above any non-residential use within
the structure, deed restricted to affordable housing guidelines for Categories 1,2, or 3;
In combination with gentrified rents, the challenge of attracting and retaining quality
employees certainly contributes to the trickle down valley syndrome of many Aspen
businesses, not only those in the S/CII.
Zoning should do two things. It should prohibit incongruent land uses patterns and
should require impacts to be mitigated. It should also, however, promote good land use
patterns and reinforce community goals. Allowing the dimensional capabilities for a
property owner to provide employee housing on-site not only allows the owner to fulfill a
community-wide goal but may more importantly allows the owner to fulfill business
goals of securing quality employees.
The density restrictions (lot area requirements) allow a developer to provide for 100% of
employees generated on-site, based on the employment generation figures used by the
Housing Authority. This allows a property owner to exceed the 60% community goal,
but does not allow the housing to become the primary use of the land. The excess
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housing FAR, if a developer mitigates for less than 100%, may not be used for additional
SICII business uses.
Extremely important to this affordable housing provision is the ability of a
propertylbusiness owner to either rent the units to his own employees or to select the first
sale occupant. With the Categories being suggested, there is little value other than the
business advantage of securing housing for employees. In other words, propertylbusiness
owners may not build affordable housing if it cannot directly benefit their associated SCI
business.
The 1998 housing guidelines provide for the following:
Maximum Incomes by Category ($ per year)
Category 1
o Dependent
1 Dependent
2 Dependent
. 25,000 39,765 64,877
32,500 47,265 72,377
40,000 54,765 79,877
Category 2
Category 3
Net Livable Square Footage
Category 1
Category 2
Category 3
Studio
One Bedroom
Two Bedroom
400 400 500
600 600 700
850 850 950
Maximum Rental Rates ($ per Month)
Category 1
Studio
One Bedroom
Two Bedroom
349 620 925
429 728 1,033
510 836 1,142
Category 2
Category 3
Maximum Sales Prices
Category 1
Category 2
Category 3
Studio
One Bedroom
Two Bedroom
29,000 66,000 109,600
36,400 78,300 120,800
43,800 89,700 132,200
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RETAIL
The existing zoning generally does not allow for retail uses. There are a few specific exceptions.
Those are:
Vehicle Sales
Appliance and Equipment rental
Computer Product Sales and services
Builder's Supply
Lumberyards
Telecommunications supply
Catalogue Sales Store (conditional)
Laundromat (conditional)
Other than these above noted uses, the Accessory Use definition does !!Q1 allow for retaiL
Accessory use or accessory structure means a uSe or structure that is naturally and
normally incidental to, subordinate to, and devoted primarily to the principal use or
structure of the premises; does not change the basic character of the premises, as determined
by its principal use or structure; is subordinate in area, extent and purpose to the principal
use or structure served; contributes to the comfort, convenience or necessity of occupants of
the principal use or structure served; and is located on the same lot or contiguous lots under
the same ownership as the principal use or structure. In no event shall an accessory use be
construed to authorize a use not otherwise permitted in the zone district in which the
principal use is located and in no event shall an accessory use or structure be established
prior to the principal use or structure to which it is accessory. Accessory bui!dings or
structures shall not be provided with kitchen or bath facilities sufficient to render them
suitable for permanent residential occupation. .
The Planning Department felt that some level of retail use may be compatible and
complimentary to many of the uses existing and proposed in the SCI Zone. Any retail use
should, however, be held to a minimum to prevent it from taking over the use it supports. And,
this should include any customer service area. The easiest way to do this is by square footage as
a percentage of the business' overall gross.
For example a repair shop may also sell parts/kits for the 'do-it-yourselfer.' An animal
grooming shop may also sell shampoo, brushes, etc.
The Planning Department had suggested 20% as a reasonable, and maybe more than reasonable,
proportion of allowed supportive retail and customer service area to a principal use. With one
exception -- builder's supply. This exception would be in the same spirit as the existing zoning
and would be appropriate for the manner in which this use typically functions.
The Planning and Zoning Commission recommended the customer service area, office, and retail
space, cumulative, not exceed 50% of the square footage, with the same noted exception for
builder's supply. In addition, a business owner could apply for conditional use approval to go
above this 50% number. Both of these provisions are much more flexible than the current
zoning and could represent an upscaling of the zone district. Council should also note that a
conditional use approval to exceed the 50% rule could allow traditional offices and retail
establishments.
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ARCHITECTS
The existing zoning does not allow for professional offices of any kind, and has never
provided for this use. In the mid-1980's the zone district was amended to allow for Artist
Studios with 'accessory living units. This was an initiative brought forward by a group of
citizens and was accepted by Council after the Planning and Zoning Commission
recommended against it.
Subsequently, in 1989, Harry Teague, Architect, converted a space in the Andrews McFarlin
Building to an architectural office without a building permit after the Planning Department
informed him the use was not allowed in the zone district. Mr. Teague applied for a code
interpretation for the "Artist Studio" definition in whichAlan Richman, Planning Director,
found the architectural office more consistent with the Professional Office definition
provided below.
Office, Professional means a building for use by those such as physicians, dentists,
lawyers, architects, engineers, accountants and other professionals who primarily provide
services rather than products.
Mr. Teague then appealed this finding to the City Council who found his practice
(specifically) not fitting the typical office definition because the applicant's practice included
hands-on assembly of building components (models) and the construction offurniture, The
Council did, however, state that the determination was not intended to set a precedent for
other, more traditional architectural offices to locate in the SCI Zone District.
The Planning Department was then faced with the task of weighing the artistic merit of each
architect who applied for a business licensee in the zone. Upon the advice of the City
Attorney, the Planning Department accepted all business licenses for architectural offices in
the SCI Zone.
In a 1994 letter to Scott Lindenau, Architect, Kim Johnson, City Planner, clarified the Artist
Studio provision as follows:
"Several years ago, the Aspen City Council made a specific determination that architects
are artists for purposes of this code section because of their typical activities which
include model building, rendering, and sketching. This interpretation cannot be applied
to other related professions such as engineers, planners, or realtors."
This particular use has gone full-circle in the discussion at the Planning and Zoning
Commission. Concerns ranged from the precedent of allowing any professional offices in
this zone, to the size and number of such uses, to the number of employees of an
architectural office, to the free-market provision driving the desire for such a use, to the
impacts upon the original uses the zone was meant to protect. The Commission also
expressed concerns over the appeal process for use determinations going directly to CounciL
,
The use was included, stricken, replaced as a Conditional Use, again stricken. and then
allowed in its present form -- as an artist studio with the burden upon the Zoning Officer to
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determine the applicant's artistic merit. (Throughout this discussion, the ancillary residential
use was replaced by the broader provision of affordable' housing accessory to any use.)
The Planning Department finds this recommendation unclear and in need ofCounci!'s
direction. Architecture offices should be either clearly allowed, clearly disallowed, or
allowed with certain special provisions, which could apply to all businesses in the zone.
These provisions may include the size of an individual architecture office and/or the total
square footage of offices allowed in the zone district. .
From a land use perspective, the City Planning Department believes professional offices are
inappropriate for the SCI Zone District. The Neighborhood Commercial, Office,
Commercial, and Commercial Core Zone Districts are more appropriate for professional
offices.
However, these uses are located in the SCI for a reason. The direction from Council in 1989
gave certain acceptance of architectural offices in the S/C/I Zone. Secondly, architectural
offices, as well as most design professions, utilize space less efficiently than do professional
offices for lawyers, dentists, etc., and typically try to find the lowest lease rate spaces
available. These uses are finding it very difficult to compete with retail uses in the
Commercial Core and residential uses in the Office and Commercial Zones.
Limiting the size of a business and limiting the total square footage for each sector of
business in this zone may be an effective way of preserving the zone as a business incubator.
Allowing smaller design firms to remain in the area but not to the point of becoming a
dominating factor in the zone district
The use square footage limitations lowest threshold is 3,000 square feet. Architectural
and design related offices in the zone range from approximately 650 to approximately
3,400 square feet. The zone contains approximately 7.6 acres or 334,000 square feet of
land, not counting streets. Subtracting the Post Office parcel, the S/CII Zone contains
approximately 152,662 square feet (3.5 ac.) of private land which could be developed at a
I: I ratio. The existing architectural offices occupy approximately 12,000 square feet
(estimated by Scott Lindenau) or less than 8% of the zone's buildout capacity.
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If the Council were interested in applying a saturation factor to the S/CII zone, it is
suggested that all types of businesses in the zone would need to be regulated for equal
protection. Therefore, it might be possible to limit architectural and other design studios
to 9,000 s.f. individually, and limit the total presence of any land use type to 10% ofthe
existing floor area in the district.
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BUSINESS LICENSES
Each business within the City of Aspen must posses a current business license which is
updated each January. The initial issuance of the license is the only time a business has a
zoning review. There are approximately 2000 businesses in the City, of which
approximately 1300 have a physical location which would have been initially reviewed by
the Zoning Officer.
The current process for obtaining a business license is as follows. An application for any
new business is routed through the Zoning Officer. However, this process does not include
change of location, change of ownership, and change in the business' name. Owners are
merely asked to update their changes. Businesses generally, for liability reasons, typically
apply for a new license if there is a change in ownership.
Although, this system has seemed to work well in most areas of town, it does not serve our
current issues with respect to relocation to inappropriate zone districts. At a minimum,
change in location and/or a change in the type of operation should require a zoning review
and staff is changing that policy.
. Renewals of the same business at the same location are not routed through the Zoning
Officer. The problem with this process is that it does not track the changing profile of a
business. Many of the businesses in the SCI which are not in compliance with the zoning
have current business licenses which were issued when the business was conforming.
One solution may be to require a zoning review of all renewals. The difficulty of this,
however, is that there are over 2,000 businesses in the City of Aspen. Checking each of
these every year may require additional staffing and most businesses do not change from
year to year.
The next solution may be to query the applicant for changes in the business and route all
changes through zoning. This requires some faith in the businesses reporting their type of
activity correctly but could be very effective if a physical check is included as a possibility.
Another solution may be to require all businesses in the SCI to be reviewed by the Zoning
Officer on a yearly basis. This could be tied to either license renewal or to a yearly
monitoring report to the Planning and Zoning Commission.
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ENFORCEMENT AND MONITORING
The catalyst of this entire discussion has been enforcement. Staff realized the number of
businesses that would be effected by enforcement of the existing zoning would be great
and could involve a review of the appropriateness of the zoning with Council. Staff has
provided Council with a proposed set of revisions to the zoning as well as a proposed
process for enforcement. Any existing land use will fall into one ofthe following six
categories.
Legally
Established
P,mitred I 1
Conditional 2
Not Permitted 3
Not Legally
Established
j l
I. Consistent use with existing zoning and becoming or remaining a permitted use.
2. Consistent use with existing zoning and becoming or remaining a conditional use.
3. . Consistent use with existing zoning which becomes a use not permitted.
4. Inconsistent use with existing zoning and becoming or remaining a permitted use.
5. Inconsistent use with existing zoning and becoming or remaining a conditional
use
6. Inconsistent use with. existing zoning which becomes a use not permitted.
Whether a use is legally established is determined by whether or not it is an allowed use
in the current zoning. Any case, any business without a current license should be
required to obtain a license.
Staff has proposed a policy to address each of these situations in the proposed Ordinance
as described below. This has been, quite obviously, a very sensitive issue for everyone
affected; proponents and opponents. These are meant to be a benchmark for the Council
to initiate discussion.
I. Each use lawfully established prior to the adoption of this O~dinance which remains
or becomes a permitted use shall be unaffected.
2. Each use lawfully established prior to adoption of this Ordinance which remains or
becomes a conditional use with the Ordinance shall be required to seek conditional
use approval from the Planning and Zoning Commission only upon expansion or
otherwise substantial change in the nature of the use.
3. Each use lawfully established prior to the adoption of this Ordinance which is
deleted as a permitted or conditional use by this, or a previous, ordinance shall
become or remain a legal non-conforming use and may continue until such time the
use is vacated or otherwise abandoned. Non-conforming uses may not be
transferred to another location unless it is a permitted use in that zone district, may
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not be expanded, and may not increase in intensity. A non-conforming use may
continue under different ownership as long as the use remains the same.
4. Each use not lawfully established prior to the adoption of this Ordinance which
becomes a permitted use shall obtain a business license within one (I) year of the
adoption of this Ordinance.
5. Each use not lawfully established prior to the adoption of this Ordinance which
becomes a conditional use shall apply for and obtain conditional use approval from
the Planning and Zoning Commission and a business license within one (1) year of
the adoption of this Ordinance. .
6. Each use not lawfully established prior to the adoption of this Ordinance which
remains or becomes an unlawful use shall vacate said use or otherwise amend said
use to a permitted or conditional use and shall obtain all necessary approvals and
licenses within three (3) years of the adoption of this Ordinance.
*** All businesses shall obtain a license, if one has not already been obtained, regardless of
status.
Following is a list of the businesses located in the S/C/I Zone District and their possible
status based on the Commission's recommendation. City Council should be aware that this
list was generated from a site survey and may not include businesses not readily apparent
form the exterior of the building. Businesses listed with more than one possible status are
subject to the way in which Council directs staff to solidify the zoning.
Category Business Address Use
5 Martrix Marketing and Design 601 East Bleeker Street Offices
1 Glass Co 601 East Bleeker Street Building Components
5 H&R Block 601 East Bleeker Street Offices
1 AI's Window Cleaning 601 East Bleeker Street Cleaning service
1,5 Alternative Interiors 601 East Bleeker Street Building supplies?
might be offices
5 Dalby Wendland CPA 601 East Bleeker Street Offices
4,5 Schmueser Gordon Meyer 601 East Bleeker Street Offices
5 Netzer and Associates 601 East Bleeker Street Offices
6 Bleeker Street Gym 615 East Bleeker Street Athletic club
1 Brooks Printing 615 East Bleeker Street printing
3 Residence 615 East Bleeker Street Residence
3 Residence 600 East Bleeker Street Residence
1 O'Brien Graphics 618 East Bleeker Street Printing
1 Aspen Excavation 620 East Bleeker Street Building equip.,
.. .'. storage, service yard
1 Auto Tec 627 Rio Grande Place Auto repair
2 Rock Mtn. Karate 623 Rio Grande Place Martial arts
instruction
1 Hayles Gallery Picture Framing 611 Rio Grande Place Picture Framing
(production), photo
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studio
1 Main Street Printing 530 Rio Grande Place Printing
1 Power Shade 617 Rio Grande Place Building components
1 Best Friends Pet Grooming 615 Rio Grande Place Pet grooming
1,5 The Aspen Branch 615 Rio Grande Place Florist? Artist Studio?
with possible retail?
1 Coates Reid and Waldron 525 Rio Grande Place Property
. management
1 Summit Paint and Carpet 516 Rio Grande Place Building supplies
1 Ski Service Center 609 Rio Grande Place . Sports Equip repair
1 Bicycle Service Center . 609 Rio Grande Place Sports Equip repair
1 Board Werks 609 Rio Grande Place Sports Equip repair
1 Aspen Electric 508 Rio Grande Place Repair shop
1 The Welding Company 605 Rio Grande Place Building components
1,2 Harry Teague Architects 412 North.Mill Street Office
3 Living Arts Studio 410 North Mill Street Art Studio/residence
3 Janus Jazz Aspen 410 North Mill Street Art Studiolresidence
1,2 Reid Architects 412 North Mill Street Office
1,2 Willis Pember Architects 412 North Mill Street Office
6 Sushi Va Go Go 414 North Mill Street . Restaurant
5 The Lighting Studio 414 North Mill Street Retail?
1 Aspen Repair 414 North Mill Street Vacuum Repair
1,2 River Studio Architects 414 North Mill Street Office
1,2 Sharon Wells Graphic Design 412 North Mill Street Office
1,2 Kim Raymond Design 412 North Mill Street Office
? Oigitool Corporation 414 North Mill Street ?
1,2 AI Beyer Architects 410 North Mill Street Office
1,2 Don Erdeman Architects 414 North Mill Street Office .
1,2 Studio B Architects 555 North Mill Street Office
5 Aspen Mountain Air 557 North Mill Street Office
1 Wright Telephone Systems 557 North Mill Street Office
.5 Dickerson Real Estate 557 North Mill Street Office
1 Barking Beauties 465 North Mill Street Pet grooming
1 Downtown Detail 465 North Mill Street Auto detailing
1,2 Klein Architects 465 North Mill Street Office
5 Mammoth Arts 465 North Mill Street Tattoo Parlor
2 Ski Photo 465 North Mill Street Photo Processing
1 Aspen Times 465 North Mill Street Printing
2 Rare Exchange 465 North Mill Street Furniture Repair,
Consignment
5 SOS Staff Services 465 North Mill Street Temp. employment
service
5 Splash Home Furnishings . 465 North Mill Street Retail furniture
5 Alp Video 465 North Mill Street Video Rental
2 Use it Again 465 North Mill Street Consignment retail
1 Aspen Tile and Bath 465 North Mill Street Building components
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2 Sunshine Laundry 465 North Mill Street Laundry
5 Aspen Velo 465 North Mill Street Retail Bikes and
Snowboards
The relatively low number of "type 6" is due to the conditional use provision of allowing
more than 50% of a business to be designated for office, retail, etc. These businesses
then classify as "type 5."
The City Council may request this zone district be more closely monitored. This is
certainly a desire of the Commission. Council may wish to have staff prepare a yearly
report on the status of the zone district for the benefit of the Planning and Zoning
Commission's review, This would be in addition to staffs normal zoning functions but
could be accommodated with existing staff.
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USE SQUARE FOOTAGE LIMITATIONS
Within the Commercial Core (CC), Commercial (C-I), and Service/CommerciaVIndustrial
(S/CII) zone districts, all permitted and conditional commercial business shall be restricted to the
t1' following maXi[U net eas hIe comme. rcia! and o..ffice .space./ ;. . // ""'-
....-- ~ <7~..I ~ 9{lP(;U ",/"Y'erj/::[If;... ~.......(
\4. 3,000 squa e feet, The following and similar uses shall be limite~ree thousand (3,001( 'St/voCA..
square feet in net leasable commercial and office space: Antique shop; art supply; bakery;
bookstore; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist
shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography
shop; stationery store; dry cleaning; pickup station; barber and beauty shop; small appliance
store; art gallery; decorator shop; seamstress; laundromat; tailor; shoe repair shop; radio and
TV broadcasting stations; rental, repair and wholesaling, provided they are accessory uses;
electrical and Qlumbing service sho~s; automobile washing facility; pharmacies; l!:rt studio,
and ~atering service.
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6,000 square feet. The following and similar uses shall be limited to six thousand (6,000)
square feet in net leasable commercial and office space: Drugstore (including pharmacy);
equipment rental, storage and re~air; shop craft industry; fabrication and repair and building
materials; sporting goods store; variety shop; erofessional offices; and major appliance
stores.
C. 9,000 square feet. The following and similar uses shalI be limited to nine thousand (9,000)
square feet in net leasable commercial and office space: Service station and restaurant.
D. 12,000 square feet. The following and similar uses shall be limited to twelve thousand
(12,000) square feet in net leasable commercial and office space: Vehicle sales; builder
supply yard; .lumber yare;!; dry cleaning plant and laundry; manufacture and repair of sportiup;
~oods; printing and publishing plant; furniture store; carpet and floor covering store;
financial institutions; and food market.
E. 20,000 square feet. The following and similar uses shall be limited to twenty thousand
(20,000) square feet in net leasable commercial and office space: Warehousin&and storage.
F. Retail sales areas. All of the square footage limitations on use shall not restrict the square
footage of the total retail sales areas in these zone districts, Or any buildings occupied by any
combination of more than one of the above uses; provided, however, that any business
enumerated above, of the same type which occur individually or jointly in a single structure
or combination of structures situated upon a single tract of land under the same ownership,
shall be considered one business and together restricted to the maximum net leasable
commercial and office space provided in this section.
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GRANDFATHERING
Existing uses which are non-conforming, and any use which becomes non-conforming with
this Ordinance, may be protected as a legal non-confomity. This assumes the use was legal
when established and allows the use to continue, but not expand or relocate.
Staff is suggesting City Counicl specifically state the disposition of existing and new non-
conformities with the 'Compliance Method' section of the Ordinance, even if this method is
the same as the land use code provisions. In this proposed method. only businesses falling
into type 6 would be required to vacate, and are allowed three years to do so. These are
businesses which could now be required to vacate because they are not in compliance with
the current zoning.
City Council does have the authority to create a policy specific to this zone and may be
interested in doing so as a "clean-up" measure. In this scenario, Council may wish to apply a
sunset to new non-conformities with the new zoning. In the alternative, Counicl may wish to
limit the additional flexibility allowed in the new zoning. In other words. turn fewer existing
non-conformities into allowed uses.
MEMORANDUM
TO:
Mayor and City Council
t'\, (,
Amy Margerum, City Manager \jJ' /'.
Stan Clauson, Community Development Director!-;-"-/
Julie Ann Woods, Deputy Dir(fr. (/
Christopher Bendon, Planner lJt\J~
Service/CommerciallIndustrial (S/C/I) Zone District
Code Amendment -- First reading
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THRU:
FROM:
RE:
DATE:
June 8, 1998
SUMMARY:
The Service/Commercial! Industrial (S/C/I) Zone District was created in 1971 to provide for
certain light industrial and commercial trade land uses in town, and to discourage these
businesses from migrating Downvalley.
The Planning and Zoning Commission, concerned about the possible erosion of this zone
district, instructed staff to investigate and enforce the zoning regulations in this zone district.
Upon identifying the number of businesses which may be affected by such strict
enforcement, staff returned to the Commission to discuss the purpose and specific provisions
ofthe S/C/I Zone District. Staff recommended that the Commission either reaffirm or
amend its purpose before taking any enforcement actions. and that those actions should be at
the direction of City Council.
At the Commission's direction, staff evaluated the S/C/I Zone District'spurpose withiri the
overall context of the town and identified possible opportunities to redefine its purpose.
These suggested amendments were first brought to the Planning and Zoning Commission in
. a worksession format in which the Commissioners were able to consider the staff analysis,
and raise additional concerns and issues before haying to make a formal recommendation to
Council. Staff then scheduled and conducted public hearings for the Commission to
consider the philosophy and specifics of the S/C/I Zone District. Six public hearings took
place before the Commission made the final recommendation.
During this process, the Commission considered the purpose of the zone district and
reaffirmed its importance with the overall concept of town. Important to the Commissioners
was the 'trickle down valley effect' of up-scaling land uses within the formal town. This
trend increases auto usage and disrupts the town/resort balance. The discussion suggested
that land uses generating high ground rents belong in other zone districts. Restaurants,
retailers, offices, and other high-volume use~ belong downtown in the CC, C I, 0, and
possibly the NC and LTR districts. Residential land uses (as a primary use) belong in
residential areas of town. Uses that are oriented more to the tnanufacturing and servicing of
consumer goods with a limited amount of customer traffic and which may be inappropriate
for a downtown location should be permitted in the S/C/I Zone District. ..
After this philosophical debate, the Commission amended the zone district's purpose
statement to reflect this spirit. This statement is important in that it allows future assignees
the insight of the present decision makers in interpreting future uses. The resulting purpose
statement is as follows:
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Purpose, The purpose of the ServicelCommercialllndustrial (S/C/I) zone district is
to allow for the use of land for the preservation or development of limited
commercial and industrial uses which do not require or generate high customer
traffic volumes; are primarily oriented to the manufacturing, repair, storage, and
servicing of consumer goods; and have a limited office, showroom, retail, or
customer service area; to permit artist's studios and sho~ craft industries; and, to
permit customary accessory uses, including affordabl'e residentiaf dwelling units
accessory to perm itted uses.
The Commission then considered the appropriate uses for the SICII Zone District In doing
so, the Commission considered current land uses as well as possible future uses in the
context of "permitted" or "conditional':, Permitted uses should be those which do not require
a review beyond a building permit andlor a business license. Conditional uses should be
those which may have on- or off-site impacts or which may be incompatible with an adjacent
use, Important in this discussion was the desire to allow affordable housing accessory to
permitted uses to aid business owners in housing their employees. The Commission was in
favor of encouraging an owner to 'mitigate' on-site but did not want the residential uses to
overcome the primary uses or be developed in a way incompatible with surrounding
businesses.
The Commission then discussed the appropriate dimensional requirements which would
encourage the desired land uses. Generally, these proposed dimensions allow twice the
amount of development provided the additional development potential be for the purpose of
affordable housing. Also, these requirements loosen the envelope in which development
may occur. In this discussion, the Commission considered the ways in which dimensions
should be established and approved.
Throughout this process, the Commission reviewed the philosophy and purpose statements
to affirm a specific regulation's intent within the larger concept Occasionally, this
reflection resulted in a minor change to the purpose statement Readily apparent during the
series of public hearings with the Commission is that the SICII Zone District, as well as
probably every other zone district in town, will never be all things to all people. It can,
however, serve an important role in the context of all other zone districts in the preservation
of the townlresort balance.
The existing SICII Zone District text is attached for your reference. A strike tlm! and
underline version showing the suggested changes is also attached. The proposed zoning
language is included in the proposed Ordinance. A summary of the existing and proposed
zoning has been provided.
City Council is requested to consider this Ordinance in at least two ways: First, the
philosophical intent of the zoning and the substantive changes to the language as proposed.
Second, the enforcement issues for affected non-conforming property owners and
businesses.
Staff recommends the Council review and consider the recommendation from the
Planning and Zoning Commission, and then identify and direct staff to provide the
necessary information needed for the Council to make a final decision. The Council
should consider the proposed Ordinance in at least two ways: the substantive revisions
to the zoning text and the appropriate enforcement activities, for staff to perform.
2
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MAIN ISSUES: ..:,~:':!f:.'H!;,?:~>;;;~'~.~~it~1k>"")T";t;',,,,
Staff is still c()ncerned about architects bei~g~onsid~;ed within .the artist studio definition.
This is somewhat vague and places staff in a position of evaluating an architect's artistic
ability rather than understanding the definitive policy from Council.
The Commission was mixed on this topic. Some Commissioners fellthat an architect's
'studio' was nothing more than an office taking advantage of lower lease rates, and hence
belonging in an office or commercial zone district. Others felt that architects have a certain
artistic quality to their work and have different .space requirements associated with their
businesses than do other offices. TheComflli~sj()l]er~c1idallagree, however, that their
biggest fear was the influx of a large architectural firm and that any provision for architects
should not allow related fields such as landscape architecture or engineering firms.
Staff desires clear definitions and generally prOposes specificity over vaguerress. Extremely
specific definitions, however, are sometimes problematic in practice. For example, if an
architect is allowed while a landscape architect, engineer, etc. is not, how should staff
consider an architect who employs a landscape architect or engineer on their staff? Council
is requested to provide guidance on this threshold issue.
Council is also requested to provide guidance on enforcement. All existing businesses in the
S/CIl Zone District will fall into one of the following categories with passage of these
revisions:
1. Lawfully established and conforming status unaffected by amendments.
2. Lawfully established and changed to non-conforming status with amendment.
3. Lawfully established use which evolved intoan unapproved use which conforms to
amendments.
4. Illegally established and conforming with amendments.
5. Illegally established use which becomes a conditional use with text amendments.
6. Illegally established and remaining or becoming an unapproved use.
Staff has proposed a policy to address each ofthese situations in the proposed Ordinance as
described below. This has been, quite obviously, a very sensitive issue for everyone
affected; proponents and opponents. These are meant to be a benchmark for the Council to
initiate discussion.
1. Each use lawfully established prior to the adoption of this Ordinance which remains or
becomes a permitted use shall be unaffected.
2. Each use lawfully established prior to adoption of this Ordinance which remains or
becomes a conditional use with the Ordinance shall be required to seek conditional use
approval from the Planning and Zoning Commission only upon expansion or otherwise
substantial change in the nature of the use.
3. Each use lawfully established prior to the adoption of this Ordinance which is deleted
as a permitted or conditional use \Jy this. or a previous, ordinance shall become or
remain a legal non-conforming use and may continue until such time the use is vacated
or otherwise abandoned. Non-conforming uses may not be transferred to another
location unless it is a permitted use in that zone district, may not be expanded, and may
not increase in intensity. A non-conforming use may continue under different
ownership as long as the use remains the same.
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4. Each use not lawfully established prior to the adoption of this Ordinance which
becomes a pennitted use shall obtain a business license within one (I) year of the
adoption of this Ordinance.
5. Each use not lawfully established prior to the adoption of this Ordinance which
becomes a conditional use shall apply for and obtain conditional use approval from the
Planning and Zoning Commission and a business license within one (I) year of the
adoption of this Ordinance.
. 6. Each use not lawfully established prior to the adoption of this Ordinance which
remains or becomes an unlawful use shall vacate said use or otherwise amend said use
to a pennitted or conditional use and shall obtain all necessary approvals and licenses
within three (3) years of the adoption of this Ordinance.
PRIMARY STAKEHOLDERS:
The legal requirement for an amendment to the text of the land use code is a'llotice in the
newspaper. In addition, staff identified as many businesses in the affected area as possible
and sent notices prior to each hearing. Also, members of the public were encouraged to add
their names to the mailing list to receive notices in the mail. Staff made copies of the
Commission memos available to the public prior to each hearing and encouraged interested
parties to address letters of concern to the Commission ifthey could not make the meetings
m person.
ApPLICANT:
City of Aspen.
LOCATION:
There are two areas in town zoned SIC/I; The Puppy Smith and Mill Street intersection
(Post Office, etc.) and the East Bleeker Street area below the Concept 600 Condominiums.
See attached maps.
PREVIOUS ACTION:
The Council has not previously considered this Ordinance.
REVIEW PROCEDURE:
Code amendments are recommended for approval, approval with conditions, or denial by the
Planning and Zoning Commission at a public hearing and then approved, approved with
conditions, or denied by City Council at a public hearing.
CURRENT AND PROPOSED ZONING TEXT:
The proposed language is included in the proposed Ordinance. Exhibit "B" contains the
strike thm and underline version of the changes. Exhibit "C" contains a summary of the
existing and proposed zoning.
BACKGROUND:
Attached for the Council's consideration are the Planning and Zoning Commission minutes
from the series of public hearings. There are six sets of minutes as Exhibit D.
STAFF COMMENTS:
The AACP and land use regulations reflect the community's desire to protect a sense of
place and identity. This code amendment addresses the policies and objectives of the
Housing and Commercial/Retail Action plans of the AACP.
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Much of Aspen's character rests on'beirig'{{6~~ly'a'r'es'ort, but a functioning town. Critical
to that feeling of 'towness' is the layering of land uses and the way in which they support
and enhance each other. Although much of the attention has traditionally been placed upon
new growth as the major factor in affecting change, it is also the loss of local oriel}ted
businesses and an inability to retain a "critical mass" 2ftheworkforc~il} to",1} which are
major concerns.
Staff is suggesting that if a service/industrial area of town is desired by the community, the
way to encourage those land uses is to provide regulatory incentives and disallow land uses
which encourage real estate speculation and intense retail uses which may inflate lease rates
above reasonable levels for the ,desired u~e~: Important to the health and well being of
businesses in this zone is th,e llbility of business owners to provide employees with housing
opportunities.
This area of town, however, will never be all things to all people. The community has long
determined that it will not address detnand ",ith 1l12r~supply. The demand for lower lease
rates, and the pressure on this area of town to 'up-zone,' may always be present.
Review Criteria and Staff Findings have been included as Exhibit "A." Minutes from the
Planning and Zoning Commission hearings have been included as Exhibit "D."
RECOMMENDATION:
Staff recommends the Council review and consider the recommendation from the Planning
and Zoning Commission, and then identify and direct staff to provide the necessary
information neecled for the Co.uncil to make a final decision: The Council should consider
, .... .... .... ^.," 'C',..,' ,_ ...-'.. ':'"'' -",', ,.-J'-',' ': ','.'. '.,.."...:'.:..,;f,,'dC':_.'...K';.... ';"''''';,:'''::'*?:..:.;..'"i:t''.';)~'i<f'<Ci,':~':i''':;;'K'''',".;""&:..".",<~"_;::.v,,<,,,,,,;:':',:".:,'.>i:":':'::",.!,::;!
the proposed Ordinance in at least two ways: the substantive revisions to the zoningtext 'and
the appropriate enforcement activities for staff to perform. The Council should also
consider whether or not scheduling a public hearing or continuing this first reading is more
appropriate.
RECOMMENDED MOTIO~:
"I move to adopt Ordinance No. ~, Series of1998 upon first reading."
ALTERNATE MOTION:
"I move to continue this first reading of Ordinance No. fa. , Series of 1998 until_,
1998, and direct staff to provide the following informati~ .
"
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CITY MANAGER COMMENTS:
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A TT ACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Strite thru / Underline Zoning Text
Exhibit C -- Zoning Summary
Exhibit D -- P&Z Commission Minutes
5
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ORDINANCE NO. H
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT
TO THE SERVICE/COMMERCIALIINDUSTRIAL (S/CII) ZONE DISTRICT, SECTION
26.28.160 OF THE ASPEN MUNICIPAL CODE
WHEREAS, the Planning and Zoning Commission has expressed concerns about land
uses, and potential land uses, in the Service/CommerciallIndustrial (S/C/!) Zone District which
may be in conflict with the spirit and intent of the zone district; and,
WHEREAS, the Community Development Department (staff) realized there could
potentially be several business and land owners affected by enforcement measures and suggested
a thorough review of the S/C/! Zone District by the Commission be done first to allow City
Council the opportunity to confirm or amend the zoning before considering the most appropriate
enforcement procedure.
WHEREAS, the Planning and Zoning Commission initiated an amendment to the text of
Title 26 of the Municipal Code, pursuant to Section 26.92, and staff brought forward to the
Commission an analysis of the S/C/! Zone district and suggested modifications to said zoning;
and,
WHEREAS, pursuant to Section 26.92, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and approved, approved with conditions, or denied by the City
Council at a public hearing after recommendations from the Planning Director and the Planning
and Zoning Commission are considered; and,
WHEREAS, the Planning and Zoning Commission held a worksession on the topic
October 21,1997, opened a duly noticed public hearing on November 18, 1997, continued to
January 6, 1998, continued to January 20, 1998, continued to February 17, 1998, continued to
March 10, 1998, and then continued to March 31, 1998, to consider the existing zoning
requirements for the S/C/! Zone District along with the recommended amendments brought
forward by staff; and,
WHEREAS, the Planning and Zoning Commission, during the public hearing,
considered the overall importance of the S/C/! Zone District's function within a traditional town
setting and within the entire inventory of zoning classifications in Aspen, considered actual land
u&es within the zone district, evaluated the intent of the zone district through the "purpose"
statement, amended said "purpose" statement to clarify and reflect the goals of the zone district,
evaluated the permitted and conditional uses and dimensional requirements of the zone district,
amended said uses and dimensional requirements of the zone district to support the "purpose"
statement, and finally reviewed the proposed S/C/! Zone District amendments in summation
before making a recommendation to the Council; and,
Ordinance No. _, Series 1998
Page 1
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WHEREAS, during a public hearing at a on March 31, 1998, the Planning and
Zoning Commission recommended, by a 4 to 2 vote, the City Council approve the amendments
to the Service/CommerciallIndustrial Zone District as described herein; and,
~ .... .." .. .... .. ...' " .. ',' ". ...... .'.... ........,... ':", ',' .:' .-........',...:" ': -:"1","<'" .:~ .:.'.,:...... ....' "",;"
WHEREAS, City Council has reviewed and considered the recommendations of the
Planning Director and the Planning and Zoning Commission and has taken and considered public
comments during a duly noticed public hearing held on this _ day of , 1998; and,
WHEREAS, the City Council finds that the amendments to the Service/Commercial!
Industrial (S/CII) Zone District, as described herein, meets or exceeds all applicable standards and
that the approval is consistent with the goals and elemel).ts of the Aspen Area Community Plan;
and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public
health, safety, and welfare purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO as follows:
Section 1:
That it does hereby amend Section 2626.160 of the Aspen Municipal Code, Service/Commercial!
Industrial (S/CII) Zone District, with the text found in Section Two, below, of this Ordinance. This
text shall replace in whole the previous text of the S/CII Zone District.
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Section 2: P.hAll . .
~ei1ded Text: . ~ V'-.~ .
26.28.160 Service/CommerciallIndustrial (s/cV
A. Purpose. The purpose 0 ~rvice/CommerciallIndustrial (S/C/I) zone district
is to allow for the use of land for reservation or development of limited commercial and
industrial uses which may not appropriate in other zOne districts; do not require or generate
high customer traffic volum ; are primarily oriented to the manufacturing, repair, storage, and
servicing of consumer goods; d have a limited office, showroom, retail, or customer service
area; to permit artist's studios' and, to permit customary accessory uses, including affordable
residential dwelling units ac ssory to permitted uses,
"
B. Permitted uses. The following uses are permitted as of right in the
Service/CommerciallIndustrial (S/CII) zone district:
1. Building materials, components, equipment, and auto parts, fabricati sales, r
repair, and servicing with up to 100% of the floor area devoted to office, om,
retail, or customer service use. ~~ /0 ~ _ ~p.;., ~
Ordinance No. . Series 1998 - -.. I I
Page 2 - tud. ~
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- :~J-3' Automobile and motorcycle repair, servicing, and detailing.
V 'Q, }Y'". .. Rental and repair of household appliances, equipment, and furniture.
.",. ~\, -~ 5. Mm:ufacture, repair, and servicing of electronics, computers, and telecommunications
:4. ,6 eqUipment.
\JIi\ 6. Manufacture, repair, and servicing of sporting goods.
1\. 'l' ~ 7. Manufacture, repair, alteration, and tailoring of clothing and shoes.
8. Sewing supply.
9. Typesetting and printing.
10. Commercial bak)l'Y' ~atering sen:ice, ~r ..22I!1J11er~\a1 kitchen .
I L Artist's Studio. (~ ~ ?)
J2. Rehearsal or teaching studio for the creative, performing, and/or martial arts not generally
receiving the public and with no public performances;
13. Locksmith.
14. Post Office.
15. Animal grooming establishment.
16. Warehousing and storage.
17. Service Yard accessory to a permitted use.
l^ 18. Home occupations.
. ' 19. Accessory buildings and uses. C".. ,,J
, ........... -..t rMWU
U ~ tI" All of these uses are permitted provided they do not create unusual traffic hazard, noise, dust,
II' - fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems; that no
\-0 .\: permitted uses principally provide daily or frequently bought items to the general public; and any
fIJI' - - office, showroom, retail, or customer service area, accumulative, is clearly accessory to a
permitted use unless otherwise established herein or approved by the Planning and Zoning
Commission as a Conditional Use.
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C. Conditional Uses. The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and procedures
established in Chapter 26.60.
I. Gas station;
2. Automobile and motorcycle sales, rental, or washing facility.
3, Salesand rental of electronics, computers, or telecommunications equipment.
4. Sales and rental of sporting goods.
5. Rental of clothing or shoes.
6. Consignment sales of second-hand clothing, sporting goods, or furniture with up to 100%
of the floor area devoted to showroom, retail, or customer service area.
7. Catalogue sales store.
8. Photo processing laboratory with no showroom, retail, or customer service area.
9. Laundromat.
10. Commercial dry cleaning and laundry.
II. Recycling center.
Ordinance No. _' Series 1998
Page 3
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12. Veterinary clinic.
13. Animal boarding facility.
14. Tattoo Parlor. Il
15. Brewery and brewing supply ·
16. Coffee roasting and supply. f)/
17. Office, showroom, retail, or customer service are ,lac) umulative, which is not clearly
accessory to a permitted or conditional use. '
18. Studio, one (I) bedroom, or two (2) bedroom affordableresid(:!1t,ial,c1~elling unites)
accessory to a permitted use, meeting the current net rninimum liv(ible,square footage
requirements for newly deed restricted affordable housing units (as defined by the
Aspen/PitkinCounty Housing Authority), located entirely above natural or finished
grade, whichever is more restrictive, and entirely above any non-residential use within the
structure, deed restricted to afforda1:>le h()l.lsing guidelines for Categ:ories 1,2, or 3;
.. 'c'O' ,'~
All of these conditional uses rnay be approved provided they do not create unusual traffic hazard,
noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems;
that no uses principally provide daily or frequently bought items to e . ra . c; and any
office, showroom, re al , or customer service area, accumulative, is clearly accessory to a
permitted or approved conditional use unless otherwise established herein or approved by the
Planning and Zoning Commission as a Conditional Use.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the SeI"ViSe/c:omm~rci<lli!~c1IlS,tr<lI, (S/CIl) zone district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Studio: 625
I bedroom: 875
2 bedroom: 1,125
3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): No requirement
5. Minimum side yard (feet): No requirement
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet): 35
8. Minimum distancec,etvveeQ,principle and accessory buildings (feet): No requirement
9. Percent of open space required for building site: No requirement
10. External floor area ratio: 1:1. M:ay be increased to 2:1 provided additional floor area is
affordable housing use only.
11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking spaces shall be
provided for each use in the Service/Commercial/Industrial (S/CIl) zone district, subject to the
provisions of Chapter 26.32.
Ordinance No. _, Series 1998
Page 4
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1. Residential uses: Two (2) spaces/dwelling unit. One (1) space/dwelling unit is required if
the unit is either a studio or one-bedroom unit. Fewer spaces may be provided pursuant
to Chapter 26.60.
2. All other uses: 3 spacesl1 ,000 square feet of net leasable area unless otherwise
established through special review pursuant to Chapter 25.64.
Section 3:
That the Community Development Director is directed, upon adoption of this Ordinance, to enforce
compliance with the requirements of this zoning by the method provided below.
Section 4:
Compliance Method:
The Community Development Director shall, upon adoption of this ordinance, notifY in writing
each land owner and business owner within the subject district of the adopted Ordinance. Each
land owner and business owner shall be encouraged to discuss the relevant requirements of the
zoning and the process for compliance with the Planning staff. Subsequent required hearings shall
be scheduled as necessary.
a) Each use lawfully established prior to the adoption of this Ordinance which remains or
becomes a permitted use shall be unaffected.
b)' Each use lawfully established prior to adoption of this Ordinance which remains or
becomes a conditional use with the Ordinance shall apply for and obtain conditional use
approval from the Planriing and Zoning Commission only upon expansion or otherwise
substantial change in the nature of the use.
Q Each use lawfully established prior to the adoption of this Ordinance which is deleted as
\J a permitted or conditional use by this, or a previous, ordinance shall become or remain a
legal non-conforming use and may continue until such time the use is vacated or
otherwise abandoned. Non-conforming uses may not be transferred to another location
unless it is a permitted use iri that zone district, may not be expanded, and may not
increase in intensity. A non-conforming use may continue under different ownership as
long as the use remains the same.
d) Each use not lawfully established prior to the adoption of this Ordinance which
becomes a permitted use shall obtain a business license within one (1) year of the
adoption of this Ordinance.
e) Each use not lawfully established prior to the adoption of this Ordinance which
becomes a conditional use shall apply for and obtain conditional use approval from the
Planning and Zoning Commission and a business license within one (1) year of the
adoption of this Ordinance.
Each use not lawfully established prior to the adoption of this Ordinance which remains
an unlawful use shall vacate said use or otherwise amend said use to a permitted or
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Ordinance No. _, Series 1998
Page 5
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conditional use and shall obtain all necessary approvals and licenses within three (3)
years of the adoption of this Ordinance.
g) The Community Development Director may use enforcement mechanisms such as, but
not limited to, monetary fines or police action to accomplish compliance.
Section 5:
Pursuant to Section 26.52.080(D) of the Municipal Cocle, the Cit)' Clerk shall cause notice of this
Ordinance to be published in a newspaper of general circulation within the City of Aspen no later
than fourteen (14) days following final adoption hereof.
Section 6:
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 7:
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 8:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in ac()urt 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 9:
A public hearing on the Ordinance shall be held on the _ day of , 1998 at 5:00 in the
City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) 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.
Ordinance No. _, Series 1998
Page 6
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on this _ day of , 1998.
Approved as to form:
Approved as to content:
City Attorney
John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of
,1998.
Approved as to form:
Approved as to content:
City Attorney
John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
Ordinance No., _, Series 1998
Page 7
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Exhibit A
STAFF COMMENTS: Text Amenllment
Section 26.92.020, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in confiict with any applicable portions of
this title.
Staff Finding:
The proposed code amendment intends to preserve and enhance the purpose of the zone district
by carefully defining those uses that will benefit the entire community, including affordable
housing to offset the generation of employees, and hopefully lessen the ambiguity of the current
text.
B. Whether the proposed amendment ,iscopsistenty,ith ,all el,ements of the Aspen
Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the zone district are supported by the AACP. The Commercial
Section of this document does encourage the preservation and expansion ofthe S/C/I Zone
District as a place for local serving businesses. Preventing the departure of local service and
light industrial businesses by excluding uses that encourage real estate speculation and higher
lease rates is a goal of the greater community. Identifying and encouraging the preservation and
development of light industrial and service uses that benefit the community may reduce the
necessity to drive downvalley. Encouraging small, private sector infill development of
affordable housing accessory to employee generating uses, located on-site, in and near desired
activity and employment centers preserves open and rural areas ,and sustains the "critical mass"
essential to the character of the community.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing iand use and neighborhood characteristics.
Staff Finding:
The SCI zone seems to work well in the current location,s. Both areas are centrally located close
to downtown where services may be accessed by pedestrians, delivery access is convenient, and
accessory housing will be near employment opportunities, recreational resources, and convenient
to shopping. The increased amount of employee housin~ that can be built on-site can be
accommodated within the characteristi,cs 9fthe~ll,IT<:>upging neighborhood. The amount of'
residential density allowed is not anticipated to, create any conflicts with surrounding land uses
and densities.
D.
Staff Finding:
The proposed changes should, if interpreted and enforced correctly, generate the same number or
fewer trips. Additional housing opportunities within walking distance to employment,
recreation, retail, and essential services could reduce the need for everyday driving.
The effect of the proposed amendment on traffic generation and road safety.
staff comments page I
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E. Whether and the extent to which the proposed amendment would resuit in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but hot limited
to, transportation faciiities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Staff Finding: ,
The types of uses and densities within already established urban areas are not expected to create
abnormal demands on public facilities. Development proposals may be evaluated on a
individual basis through the growth management review process.
F. Whether and the extent to which the proposed amendment would resuit in
significant adverse impacts on the natural environment.
Staff finding:
The areas ofthe city zoned SCI are within the urban core and have been developed for some
time. Preventing downvalley migration of light industrial and service businesses and
encouraging the business owners to provide employee housing on-site may actually prevent
adverse impacts on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
One of the most profound differences between Aspen and other mountain resort towns is its
history as a "real" town. Although there are continual challenges to the original theme. Aspen is
not merely a real estate development accessory to a resort economy, it is a town.
Characteristic of traditional towns is a layering of land uses. Each layer serves an important
function in supporting other layers but generally cannot survive individually.
Extremely important to the residents of this community is the preservation of this town's
character as separate and distinct from a Vail or Snowmass Village character. While it may
seem a silly thing to celebrate, the ability to get a vacuum cleaner fixed in town is important.
The day that the vacuum cleaner repair shop becomes an upscale boutique or a second home, the
town is less Aspen and more Vail.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding:
It has been brought to the attention of staff that there may be some abuses of this zone district. It
has also become obvious to staff that any enforcement action by staff should be directed by City
Council. With the amendments, staff has attempted to encourage service and industrial uses
through limiting specifically the allowed uses and providing additional flexibility in the
dimensional requirements.
I. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title.
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest. Staff has tried to
identify uses which are appropriate and desirable in this area of town and further specify those
uses which may have potential off-site impacts as conditional.
staff comments page 2
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Exhibit B
Strike Thru I Underline
6.8.98
,
The following text represents both the existing and proposed zone distric language. Strike tAru
represents language to be removed. Underlin~ represents laguage to be added. Plain text
represents language to remain unaltered. ' ~. , ,. " . ,~,..,
26.28.160 Service/CommerciallIndustrial (S/CII).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district
is to allow for the use of land for the preservation or development of limited commercial and
industrial uses which may not be appropriate in other zone districts: do not requ'ire or generate
high customer traffic volumes' are primarily oriented to the manufacturing repair storage and
servicing of consumer g-oods' and have a limited o~fic~,s~,()~r()(),n1,' ~~~~~LC?rc!-'~tot11er ~~rvic~
area: to permit artist's studios' and to permit customary accessory uses, including affordable
residential dwelling units accessoQ' to permitted uses.
B. Permitted uses. The following uses are permitted as of right in the
Service/CommerciallIndustrial (S/C/I) zone district.
1. LimiteEl eOIRmereial aflEl iflElHstrial Hse5 illelHEliRb tAe follewiRg aREI similar Hses:
VeAie1e sales; afJfJliaflee aREI eljHifJment reR~al, storage anEl rejlair; aHtemellile refJair; alltomeeile
washiflg faeilities; eleetrieal anEl fJlHmeing servise shs~s; eomfllereial eakery; eomjluter jlroElllet
sales aREI seriiees; limi~eEl inEllls~rial uses inelHEling: BHilEler's SHjljll)', inElHstrialElry e1eaRiRg
fJlant anEllaHnElry, faerieatisn arlEI rOjlair ofBHilEling materials anEl somjlonsnts, IHmeelj'ards,
mwmfacturo aREI rejlair sf electroniss sr sfJorting booEls, jlrintiRg anEl jllislisAiRg jllang,
~eleeemmuRieatioRs slljljlly, ~)'jleseltiRg, ',yareRoHsiRg anEl s~orage, SAejl eraft iRElHstry aRd
similar uses, al'lists' stllElios witA ofJtisflal aeseGsol)' E1welIiRgs. ".Il of~Aese uses are jlefffiitteEl
jlroYiEled tAe)' E10 not ereate unuslIal traffieAililarEl, neise,Elust, fumes, oElors, smolte, Yajlor,
yillration, glare or iflElHstrial '1:aste Elisjlosal jlrolllems, aREI jlroyiEled that no jlefffiilteEl llses
fJrifldfJall)' sell E1aily or fre"lllefltl)' eOllgAt i~emG to tAe geReral fJlIlllie;
2. "^.esessory resiElential E1welliRgs restrieteEl to affordaele AOllsing f;1oliEleliRes;
striko th:u / underline text, page I
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L Building materials components. equipment. and auto parts fabrication sales. rental
repair and servicing with up to 100% of the floor area devoted to office showroom.
retail or customer service use.
;L Building maintenance facility,
1..- Automobile and motorcycle repair. servicing. and detailing.
:'L. Rental and repair of household appliances equipment and furniture.
i... Manufacture repair and servicing of electronics computers and telecommunications
equipment.
Q". Manufacture repair and servicing of sporting goods.
L Manufacture repair alteration. and tailoring of clothing and shoes.
L Sewing supply.
2.... Tvpesetting and printing.
.liL Commercial bakery. catering service. or commercial kitchen
LLArtist's Studio.
1.1.... Rehearsal or teaching studio for the creative. performing and/or martial arts not
generally receiving the public and with no public performances:
l:LLocksmith
l:'L. Post Office.
li...Animal grooming establishment.
& Warehousing and storage.
17. Service Yard accessory to a permitted use.
;J.,~ Home occupations;-aOO
+'12. Accessory buildings and uses.
All of these uses are permitted provided they do not create unusual traffic hazard noise dust
fumes. odors. smoke. vapor vibration glare or industrial waste disposal problems: that no
permitted uses primarily provide daily or frequently bought items to the general public: and any
office. showroom. retail or customer service area is clearly accessory to a permitted use unless
otherwise established herein or approved by the Planning and Zoning Commission as a
Conditional Use.
stril,e th.-u / underline text, page 2
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C. Conditional Uses, The following uses are permitted as conditional uses in the
Service/Commercial! Indu~trial (S/C/I) zone district, subject to the standards and procedures
established in Chapter 26.60.
1. fedl serviee gas station.
2. Automobile and motorcycle sales rental,?.' ,,:,~shing facility.
3 Sales and rental of electronics. computers. or telecommunic~tions equipment.
4. Sales and rental of sporting goods.
5. Rental of clothing or shoes.
6. Consignment sales of second-hand clothing. sporting goods or furniture-with up to
100% of the floor area devoted to showroom. retail. or customer service area.
2. Daaee stlldio;
3. Martial aFts sttIe!ie;
1. Dwelliag uait aeeesGery te permittee!lIses ether thaa artists stlle!io;
~ 7.Catalogue sales store;
8. Pllotograplly stuelie; Photo processing laboratory with no showroom retail or customer
service area.
&-,2., Laundromat.
8. ,A.sove grollaEl fllel storage taaks; aae!
10. Commercial drv cleaning and laundry.
] 1. Recycling center.
9,ll. Veterinary clinic.
13 Animal boarding facility.
14. Tattoo Parlor.
15: Brewery and brewing supply
16. Coffee roasting and supply
17. Office. showroom. retail or customer service area which is not clearly accessory to a
permitted or conditional use.
18. Studio. one 11) hedroom. or two (2) bedroom affordable residential dwelling unit(s)
accessOl:Y to a permitted use meeting the current net minimum livable square footage
requirements for newly deed restricted affordable housing units (as defined by the
Aspen/Pitkin County Housing Authority). located entirely above natural or finished
strike th..-a / underline text, page 3
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grade whichever is more restrictive and entirely above anV non-residential use within
the structure deed restricted to affordable bousing guidelines for Categories 1 2 or 3'
All oftbese conditional uses may be approved provided thev do not create unusual traffic bazard
noise. dust fumes odors. smoke vapor vibration glare or industrial waste disposal problems'
that no uses primarilv provide daily or frequentlv bought items to the general public: and any
office. showroom retail. or customer service area is clearly accessory to a permitted or approved
conditional use unless otherwise established herein or approved by the Planning and Zoning
Commission as a ConditionallJse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Service/CommerciallIndustrial (S/C/I) zone district.
l. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
for artist's slliE!ios witR aeeessory residential swellin:; !In its ailS for otRer
aeeessory swelling !Inits on lots betv:eeR 6,QQQ anE! 9,QQO sqllare feet, the following sqBare feet
reEj!lirements a~~I)':
Studio: .J,GOO 625
1 bedroom: -J.,;!OO ill
2 bedroom: ~.LJ.l.i
3 Besroem: 3,QOO
Units with more thaR 3 Bedrooms: One (1) Bedroom per 1,000 sEj!lare
feet of lot area.
for artist's sllidios witl, ae.;essorj' residential dwelliflg Bnits and for other
aeeessory E!welling !Inits on lots more than ",000 sEjlolare, feet, the follewing sq\!Qr-e feet
reEjlolirements all~l)':
8t\!sio: I,QOO
1 Bedroom: 1,250
2 Bedroom: 2,IQO
3 Bedroem: 3,630
Units with mere thall 3 BeE!rooms: ORe (1) BesrGom ~I!ls 1,000 sEjuare
feet ef let area.
strike th:u / underline text, page 4
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3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): 29 frem right sf way lines of arterial ,treets (Mill &
Sf3ring), 19 frsm all otller streets. No requirement.
5. Minimum side yard (feet): No requirement.
6. Minimum rear yard (feet): No requirement.
7. Maximum height (feet): ~ l5.
8. Minimum distance between principal and accessory buildings (feet): No
requirement
9. Percent of open space required for building site: ~No requirement.
10. External floor area ratio: 1: 1 May be increased to 2'1 provided additional floor
area is affordable housing use only.
11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking spaces shall be
provided for each use in the Service/Commercial/Industrial (SCl) zone district, subject to the
provisions of Chapter 26.32.
1. for single family ans SUf3lel. resisential H,e ane!mHlti family Hse: ,wo (2)
spaees/e!welling unit. fewer sf3aees mayee prsvie!ee! ey ,peeial review f3HrsHant to_ Clll;lj'lter 25.a1
f-er llistorie lansmarb only, aRe! fewer sf3aees ma:,- ee provie!ee! f3HrSHant to Chapter 2a.6Q fbr
aceeGsory e!welliR:; units enly. One (1) 'f3aee/e!welling unit is re"lHiree! iftlle \lnit is eitller a stusio
er ene eesrosm Hllit.
;h1. Residential uses: ISf3aee/eee!rsom. Two (2) spaces/dwelling unit. One (1)
space/dwelling unit is required ifthe unit is either a studio or one-bedroom unit. Fewer spaces
may be provided pursuant to Chapter 26.60.
;h2., All other uses: 3 spaces/l,OOO square feet of net leasable area unless otherwise
established through Special Review pursuant to Chapter 25.64.
strike thru / underline text, pa.ge 5
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EXHIBIT C
SUMMARY OF USES AND DIMENSIONS
6.8.98
note: These uses and dimensions represent a summary of the recommendations from
the Planning and Zoning Commission '
Uses Existing Proposed
, Zoning Zoning
Building materials, components, equipment, and auto P P
parts fabrication, sales, rental, repair, and servicing
with up to 100% of the floor area devoted to retail or
customer service use.
Building Maintenance Facility P ***** - P
Household appliance, equipment, & furniture rental P P
and repair
Electronics, Computers, and Telecommunication
Equipment
manufacturing P P
Computer sales - ***** C
rental - C
repair, servicing P P
Autos and Motorcycles
sales P C
rental - C
repair, servicing, detailing P ***** P
washing facility P C
Sporting goods
, manufacturing, repair, and servicing P P
sales and rental - C
Clothing and Shoes
manufacturing, repair, alteration, and tailoring - P
rental - C
Animals:
, Grooming - P
Veterinary clinic C C
Animal Boarding - C
Sewing Supply - "," P
Typesetting and Printing P P
Photo Processing Laboratory with no retail or - C
customer service area
Commercial bakery, catering service, commercial P ***** P ,
kitchen
Artist's Studio P P
Tattoo Parlor - C
Architect Studio P ***** P *****
Consignment sales of second-hand clothing, sporting C
goods. or furniture with up to 100% of the floor area
devoted to retail or customer service area.
Brewery & Brewing Supply - C
Zoning Summary page I
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Coffee Roasting & Coffee Roasting Supply "'''i.,'. - C
Rehearsal or Teaching studio for creative, ,,' C ****1t C
performing and/or martial arts,not generally receiving
the public and with no public performances (dance
studio, martial arts studio)
Locksmith ; - P
Post Office - P
Warehousing and Storage, P P
Service Yard " - P
Accessory Buildings and Uses .," P P
Catalogue Sales Store ,',' " C C
Gas Station C C
Laundromat , C C
Commercial Dry Cleaning and Laundry P - C
Recycling Center - C
Home Occupations P , P
Dwelling unit accessory to an artist studio P -
Office, showrddm,fetail, or customer serVice area , P ***** P
clearly accessory to a permitted or conditional, use
Office, showroom, retail, or customer service area' - C
which is no/clearly accessory to a permitted or
conditional use
Affordable dwelling unit accessory tdanyipermitted P -
use ,
Free-market dwelling unit accessory to any permitted C -
use other than artist studio
Studio, one (1) bedroom, or tWd(2) bedroom " - C
affordable residential dwelling unit(s) accessory to a
permitted use, meeting the current net minimum
livable square footage requirements for newly deed
restricted affordable housing units (as defined by the'
Aspen/Pitkin County Housing Authority), located
entirely above natural or finished grade, whichever is
more restrictive, and entirely above any non-
residential use within the structure, deed restricted to
affordable housing guidelines for Categories 1,2, or
3'
,
DIMENSION EXISTING ZONING PROPOSED ZONING
Minimum lot Size 6,000 s. f. 6,000 s.f.
Lot area per dwelling unit: 6,000 - 9,000
s.f. lots
Studio 1000
One bedroom 1200
Two bedroom 2000
Three bedroom 3000
over three bedroom 1000 per bedroom
Lot area per dwelling unit for 9,000+ s.f.
lots
Studio 1000
Zoning Summary page 2
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One bedroom 1250
Two bedroom 2100
Three bedroom 3630
over three bedroom one bedroom plus
1000 s.f. of lot
area
Lot area per dwelling unit
Studio 625
One bedroom 875
two bedroom 1125
Minimum lot width no requirement no requirement
Minimum front yard 20' from arterial no requirement
streets (Mill and
Spring), 10' from -
all other streets
Minimum side yard no requirement no requirement
Minimum rear yard no requirement no requirement
Maximum height 32 feet 35 feet
Minimum distance between principai and no requirement no requirement
accessory buiidings
Percent Open Space 25% no requirement
External Floor Area Ratio (FAR) 1:1 1:1. May be
increased to 2: 1
provided all additional,
floor area is for
residential uses only
Internal FAR no requirement no requirement
Off-Street parking required
Residential 1 space per 1 space per bedroom
bedroom or two or two per unit. May
per unit. May be lowered through
lower for ADUs Conditional Use
only
, All other uses 3 per 1000 s.f. net 3 per 1000 s.f. net
leasable leasable unless
otherwise established
through Speciai
Review
P = Permitted Use C = Conditional Use
***** Represents items which may need staff explanation
Zoning Summary page 3
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MEMORANDUM
TO:
THRU:
Aspen Planning ,and Zoning Commission /1: /
Stan Clauson, Community Development Directo~.j-V
Julie Ann Woods, Deputy Director~_ .
Christopher Bendon, pianner ~'w1 "
Service/CommerciallIndustrial Zone istrict (S/CII)
Code Amendment (continued from March 10, 1998)
March 31,1998
FROM:'
RE:
DATE:
SUMMARY:
This is a public hearing continued from March 10, 1998, to consider amendments
to the Service/Commercial/Industrial (S/C/I) Zone District. It has been brought to
the attention of staff that there may be uses in this Zone District which run counter
to the spirit of the zone. After an initial investigation, stafffelt it would be more
appropriate to first analyze the S/CIl Zone District. The purpose of this exercise
is to inform City Council as to the state of the Zone District and to recommend the
appropriate revisions (if any) to the Zone District's language to reinforce its
intent. City Council will use this recommendation to consider whether
amendments are necessary and appropriate toreinforce this intent and what level
of enforcement (if any) is required to achieve the Community's goals for the S/CIl
Zone District.
On March 10, staff presented a commonly used planning process for decision
making. This process started with a philosophical debate of the zone district and
concluded with specific zoning requirements. The overall goals of the zone
district and of the town were reflected upon during this process to ensure the final
policy achieved those goals.
A zone district's purpose statement is important in that it gives staff, the Planning
Director, and the Commission guidance in providing code interpretations,
reviewing conditional uses, and evaluating newly invented businesses and land
uses. During the prior hearing, the Commission reviewed and amended the zone
district's purpose statement as follows:
Purpose. The purpose ofthe Service/Commercial/Industrial (S/C/I) zone district
is to allow for the use of land for the preservation or development of limited
commercial and industrial uses which may not be appropriate in other zone
districts; do not require or generate high customer traffic volumes; are primarily
oriented to the manufacturing, repair, storage, and servicing of consumer goods;
and have a limited showroom, retail, or customer service area; to permit artist's
studios; and, to permit customary accessory uses, including affordable
residential dwelling units accessory to permitted Uses.
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Next, the Commission discussed the appropriate uses and dimensional
requirements for the zone while occasionally reflecting upon the purpose
statement. The Commission then directed staff to present the proposed zone
district language in summary and prepare a resolution to forward the
Commission's recommendation to City Council. This draft resolution is attached
as Exhibit B.
Exhibits D and E provide the Commission with a clean copy of the proposed text
and a summary of the uses and dimensions. The Resolution provides an underline
strike th."1l version which is more commonly used in Resolutions and Ordinances.
Staff has prepared a set of questions regarding the S/C/I Zone District to help
focus the discussion. These are attached as Exhibit F. It is important to
remember that there has been no final decisions made and any element of the zone
district language may be discussed. It is also important to take and consider
public comment. Staff suggests taking public comment with each question.
Staff recommends the Planning and Zoning Commission consider the
proposed S/CfI Zone District text by using the provided questionnaire and by
taking and considering public comment, and then make a recommendation
to City Council.
ApPLICANT:
City of Aspen.
LOCATION:
There are two main areas in town zoned SCI; The Puppy Smith and Mill Street
intersection (Post Office, etc.) and the East Bleeker Street area below the Concept
600 Condominiums.
CURRENT AND PROPOSED ZONING TEXT:
Attached to this memo is the proposed revisions to the Zone District text. Exhibit
B contains the proposed Planning and Zoning Commission Resolution. Exhibit C
contains the existing text. Exhibit D contains the proposed text.
CURRENT AND PROPOSED USES AND DIMENSIONS:
Attached to this memo as Exhibit E is a summary of the uses and dimensions in
the proposed text.
PREVIOUS ACTION:
The Planning and Zoning Commission held a worksession on the topic October
21, 1997. A public hearing was opened on November 18, 1997, continued to
January 6,1998, continued to January 20, 1998, continued to February 17, 1998,
continued to March 10, 1998, and then continued to this date. No action has been
taken.
2
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A
REVIEW PROCEDURE:
Code amendments are recommended for approval, approval with conditions, or
denial by the Planning and Zoning Commission at a public hearing and then
approved, approved with conditions, or denied by City Council at a public
hearing.
STAFF COMMENTS:
Review criteria for text amendments and staff findings are included as Exhibit A.
This text amendment will require a follow up amendment for definitions. Staff
recommends the following definitions be brought forward to the Commission and
City Council: Catering Service, Commercial Kitchen, Building Maintenance
Facility, Animal Grooming establishment, Veterinarian, Animal Boarding facility,
Recycling Center, Brewery, Coffee Roasting Facility. The Commission may have
additional terms needing definition to further clarify the zoning.
RECOMMENDATION:
The Commission should consider the purpose statement of the zone district and
the proposed text both in its codified version and in summary. The Commission
should then use the staff questionnaire and public inputto consider the proposed
zoning. Finally the Commission should make a recommendation to City Council.
RECOMMENDED MOTION:
"I move to recommend City Council approve this code amendment to the
Service/Commercialllndustrial Zone District as proposed by staff in the memo
dated March 31, 1998, with the following changes:
"
"I further move to direct staff to develop, and schedule public hearings for,
appropriate definitions for the following uses: Catering Service, Commercial
Kitchen, Building Maintenance Facility, Animal Grooming Establishment,
Veterinary Clinic, Animal Boarding Facility, Recycling Center, Brewery, Coffee
Roasting Facility.
"
ATTACHMENTS:
Exhibit A Review Criteria and Staff Comments
Exhibit B Proposed P&Z Resolution
Exhibit C Existing Text
Exhibit D -- Proposed Text
Exhibit E -- SUlllIDary of Uses and Dimensions
Exhibit F -- Questions Regarding Proposed Zoning
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Exhibit A
STAFF COMMENTS: Text Amendment
Section 26.92.020, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this title.
Staff Finding:
The proposed code amendment intends to preserve and enhance the purpose of the zone
district by carefully defining those uses that will benefit the entire community, including
affordable housing to offset the generation of employees, and hopefully lessen the
ambiguity of the current text.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the zone district are supported by the AACP. Preventing
the departure oflocal service and light industrial businesses by excluding uses that
encourage real estate speculation and higher lease rates is a goal of the greater
community. Identifying and encouraging the preservation and development oflight
industrial and service uses that benefit the community may reduce the necessity to drive
downvalley. Encouraging small, private sector infill development of affordable housing
accessory to employee generating uses, located on-site, in and near desired activity and
employment centers preserves open and rural areas and sustains the "critical mass"
essential to the character ofthe community.
C. Whether the proposed amendment is compatibie with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding:
The SCI zone seems to work well in the current locations, Both areas are centrally
located close to downtown where services may be accessed by pedestrians, delivery
access is convenient, and accessory housing will be near employment opportunities,
recreational resources, and convenient to shopping. The increased amount of employee
housing that can be built on-site can be accommodated within the characteristics of the
surrounding neighborhood. The amount of residential density allowed is not anticipated
to create any conflicts with surrounding land uses and densities.
staff comments page 1
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D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
The proposed changes should, if interpreted and enforced correctly, generate the same
number or fewer trips. Additional housing opportunities within walking distance to
employment, recreation, retail, and essential services could reduce the need for everyday
driving.
F. Whether and the extent to which the proposed amendment wouid result in
significant adverse impacts on the natural environment.
Staff Finding:
The areas of the city zoned SCI are within the urban core and have been developed for
some time. Preventing downvalley migration of light industrial and service businesses
and encouraging the business owners to provide employee housing on-site may actually
prevent adverse impacts on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
One of the most profound differences between Aspen and other mountain resort towns is
its history as a "real" town. Although there are continual challenges to the original
theme, Aspen is not merely a real estate development accessory to a resort economy, it is
a town.
Characteristic of traditional towns is a layering of/and uses. Each layer serves an
important function in supporting other layers but generally cannot survive individually.
Extremely important to the residents of this community is the preservation ofthis town's
character as separate and distinct from a Vail or Snowmass Village character. While it
may seem a silly thing to celebrate, the ability to get a vacuum cleaner fixed in town is
important. The day that the vacuum cleaner repair shop becomes an upscale boutique or
a seconc! home, the town is less Aspen and more Vail.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
staff comments page 2
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Staff Finding:
It has been brought to the attention of staff that there may be some abuses of this zone
district. It has also become obvious to staff that any enforcement action by staff should
be directed by City Council. With the arnendments, staff has attempted to encourage
service and industrial uses through limiting specifically the allowed uses and providing
additional flexibility in the dimensional requirements.
I. Whether the proposed amendment would be in conflict with thi: public interest,
and is in harmony with the purpose and intent of this title.
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest. Staff has
tried to identify uses which are appropriate and desirable in this area of town and further
specifY those uses which may have potential off-site impacts as conditional.
staff comments page 3
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EXHIBIT B
DRAFT RESOLUTION
3.31.98
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL APPROVE AN A]\1'E.:NDMENT TO THE
SERVICE/COMMERCIAL/INDUSTRIAL (S/C/I) ZONE DISTRICT, SECTION
26.160 OF THE MUNICIPAL CODE
Resolution #98-
WHEREAS, the Planning and Zoning Commission has expressed concerns about
land uses, and potential land uses, in the Service/Commercial/Industrial (S/CIl) Zone
District which may be in conflict with the spirit and intent ofthe zone district; and,
WHEREAS, The Community Development Department (staff) realized there
could potentially be several business and land owners affectedby enforcement measures
and suggested a thorough review of the S/C/I Zone District by the Commission be done,
first to allow City Council the opportunity to confirm or amend the zoning before
considering the most appropriate enforcement procedure. '
WHEREAS, The Planning and Zoning Commission has the authority to initiate
an amendment to the text of Title 26 ofthe Municipal Code, pursuant to Section 26.92,
and staff brought forward an analysis of the S/C/I Zone district and suggested
modifications to said zoning; and,
WHEREAS, the Planning and Zoning Commission held a worksession on the
topic October 21,1997, opened the public hearing on November 18, 1997, continued to
January 6,1998, continued to January 20,1998, continued to February 17, 1998,
continued to March 10, 1998, and then continued to March 31, 1998, to consider the
existing zoning requirements for the S/CIl Zone District along with the recommended
amendments brought forward by staff; and,
WHEREAS, the above mentioned analysis and consideration of amendments was
conducted through a process of evaluating the overall importance of the S/C/I Zone
District's function within a traditional town setting and within the entire inventory of
zoning classifications in Aspen, considering actual land uses within the zone district,
evaluating the intent of the zone district through the "purpose" statement, amending said
"purpose" statement to clarify and reflect the goals of the zone district, evaluating the
permitted and conditional uses and dimensional requirements of the zone district,
amending said uses and dimensional requirements of the zone district to support the
"purpose" statement, and finally reviewing the proposed S/CIl Zone District amendments
in summation before making a recommendation to the Council; and,
WHEREAS, Pursuant to Section 26.92, applications to amend the text of Title 26
of the Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or denial by the Planning Director and then by the Planning and Zoning
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Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, during a public hearing at a meeting on March 31, 1998, the
Planning and Zoning Commission recommended by a _ to _ vote the City
Council approve the amendments to the Service/Commercial/Industrial Zone District as
described herein.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1:
Pursuant to Section 26.92 ofthe Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends approval of this amendment to the
Service/Commercialllndustrial Zone District, Section 26.160 of the Municipal Code, as
set forth in Section 2 below.
Section 2:
Recommended amendments to the Service/Comrnercial(Industrial (S/CIl) Zone District.
Underline indicates language to be added. Strike th.-u indicates language to be removed.
Plain font represents language to be unaltered.
26.28.160 Service/Commercial/lnd!lstrial (S/C/l).
A. Purpose. The purpose of the Service/Commercial/!ndustrial (S/C/!) zone district
is to allow for the use of land for the preservation or development of limited commercial and
industrial uses which may not he appropriate in other zone districts' do not require or generate
high customer traffic volumes' are primarily oriented to the manufacturing. repair storage. and
servicing of consumer goods' and have a limited showroom retail or customer service area' to
permit artist's studios: and to permit customary accessory uses, including affordable residential
dwelling units accessory to permitted uses.
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/C/!) zone district.
1. Limited commercial and indllstrialllses ineluding the fellewing and similar uses:
Vehicle sales; appliance and eEjllipment reffial, storage and repair; automobile rcpair; atltomebile
waslting facilities; electrical and plumbing service shops; commercial bakery; computer product
sales and services; limited indllstriall1"es inchlding: Builder's supply, induGtrial dry cleaning
plaRt andlffilndry, fabrie,ation and repair ofllllilding matcrials and component", lllmberyards,
manllfactllfe and repair of elBctreni~s or sporting goods, printing and publishing plants,
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telecommunications sllpply, typesetting, '.yarehousing ami storage, shop craft indllstry and
similar lIGes, artists' studios v.it-h optional accessory dwellings. /.11 ohhese lIses are permitted
provided they do not create UlHlsual traffic hazard, noise, dllSt, fllmes, odors, smoke, '.apor,
vibration, glare or indllstrial ':.aBle disposal problems, and proyided that no permitted uses
prineipally sell daily or freEjllently bOlolght itoms to the general pllblic;
2. i\ccOSGory residential d'sellings restricted to affordable hOllsing gllidelines;
L Building materials. components and equipment. fabrication sales rental repair. and
servicing with up to 100% of the floor area devoted to showroom retail or customer
service use.
L Building maintenance facility.
L Automobile and motorcycle repair servicing. and detailing.
L Rental and repair of household appliances equipment, and furniture.
i... Manufacture. repair and servicing of electronics. computers, and telecommunications
equipment.
!h. Manufacture. repair. and servicing of sporting goods.
L Manufacture. repair, alteration. and tailoring of clothing and shoes.
1L. Sewin g supply.
2..... Typesetting and printing.
lQ.. Commercial bakery catering service. or commercial kitchen
II. Artist's Studio.
12. Rehearsal or teaching studio for the creative. performing. and/or martial arts not
generally receiving the public and with no public performances:
.l1...Locksmith.
14. Post Office.
15. Animal grooming establishment.
lQ.,. Warehousing and storage.
17. Service Yard accessory to a permitted use.
')-,l8.., Home occupations;-aa6
4, 19. Accessory buildings and uses.
All ofthese uses are permitted provided they do not create unusual traffic hazard nOIse dust.
fumes odors. smoke, vapor. vibration glare or industrial waste disposal problems' that no
permitted uses primarily provide daily or frequently bought items to the general public: and any
showroom retail. or customer service area is clearly accessory to a permitted use and constitutes
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no more than twenty (20) percent of the gross floor area of the business unless otherwise
established herein or approved by the Planning and Zoning Commission.
C. Conditional Uses. The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (S/C/!) zone district, subject to the standards and procedures
established in Chapter 26.60.
\. hill service gas station.
2. Automobile and motorcycle sales. rental. or washing facility.
3. Sales and rental of electronics. computers. or telecommunications equipment.
4. Sales and rental of sporting goods.
5. Rental of clothing or shoes.
6. Consignment sales of second-hand clothing sporting goods. or furniture with up to
100% of the floor area devoted to showroom retail. or customer service area.
2. DaRes studio;
3. Martial arts stuaie;
4. Dwelling unit aeeessery te permittea lIaes other than artists stuaie;
5. Catalegue sales stere;
7. PfletegrapflY stuaie; Photo processing laboratory with no showroom retail. or customer
service area.
6,.8.. Laundromat.
8. /\beve greuRa fuel sterage tanks; aRa
9. Commercial dry cleaning and laundry.
10. Recycling center.
9011. Veterinary clinic.
12. Animal boarding facility.
13. Tattoo Parlor.
14: Brewery and brewing supply.
15. Coffee roasting and supply.
16_ Showroom retail or customer service area which constitutes more than twenty (20)
percent of business' gross floor area.
17. Studio one (1) bedroom or two (2) bedroom affordable residential dwelling unit(s)
accessory to a permitted use meeting the current net minimum livable square footage
requirements for newly deed restricted affordable housing units (as defined by the
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Aspen/Pitkin County Housing Authority), located entirely above natural or finished
grade whichever is more restrictive. and entirely above any non-residential use within
the structure deed restricted to affordable housing guidelines for Categories 1 2. or 3:
All of these conditional uses may be approved provided they do not create unusual traffic hazard
noise dust fumes odors. smoke. vapor. vibration. glare or industrial waste disposal problems'
that no uses primarily provide daily or frequently bought items to the general public' and any
showroom retail. or customer service area is clearly accessory to a permitted or approved
conditional use and constitutes no more than twenty (20) percent of the business' gross floor area
unless otherwise established herein or approved by the Planning and Zoning Commission.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Service/Commercial/Industrial (S/C/I) zone district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
For artist's stlidios with aeeessor)' residential dy:elling units and for other
aeeessor)' dwelling liRRS OR Iota betweeR a,ggO and 9,999 SEjliare feet, the followiRg SElliare f-eet
requiremeRts apply:
Studio: -1,000 ill
1 bedroom: +,;!OO 875
2 bedroom: :6,(lOO 1 125
3 Bedroom: 3,999
Units '.':ith more than 3 Bedrooms: ORe (I) bedroom per 1,999 sqliare
, feet of lot area.
For artist's studios 'Nith assessor)' resideRtial dwelling linits aRd fBr other
aecessory swelling units OR lots more than 9,999 sEluam feet, the follo'sing square fBet
reElliiremeats apply:
Stusio: 1,999
1 besroom: 1,259
2 bedroom: 2,199
3 Bedroom: 3,a3g
URits with more thaR 3 bedrooms: One (I) bedroom plus 1,999 square
feet of lot area.
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3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): 2Q from right sf way lines sf arterial streets (Mill &
Spring), 1 Q from all other streets. No requirement.
5. Minimum side yard (feet): No requirement.
6. Minimum rear yard (feet): No requirement.
7. Maximum height (feet): ~ 32
8. Minimum distance between principal and accessory buildings (feet): No
requirement
9. Percent of open space required for building site: ~No requirement.
10. External floor area ratio: 1: 1 May be increased to 2:] provided additional floor
area is affordable housing use only.
11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking spaces shall be
provided for each use in the Service/Commercial/Industrial (SCI) zone district, subject to the
provisions of Chapter 26.32.
1. For single family and dHple)[ resiaential Hse and multi family HGe: two (2)
spaees/awelling Hnit. Fe'ser spaces may be pro'.'iaea by special review pHrmJaet to Cllapter 25.61
for historic lanElmarb only, ana fcwer spaces may be provided pUfGHant to Chapter 26.6Q for
accessory dwelling Hnits snly. One (I) spaee/aweIling unit is reElHirea ihhe Hnit is eitller a studio
or one beElroom unit.
;hI., Residential uses: 1 spaee/bearesm. Two (2) spaces/dwelling unit. One (1)
space/dwelling unit is required 'if the unit is either a studio or one-bedroom unit. Fewer spaces
may be provided pursuant to Chapter 26.60.
2. All other uses: 3 spaces/1,000 square feet of net leasable area unless otherwise
established through special 'review pursuant to Chapter 25.64.
3. All other uses: 3 spaces/1,000 square feet of net leasable area unless otherwise
established through special review pursuant to Chapter 25.64.
Section 3:
Pursuant to Section 26.92.050 of the Municipal Code, there shall be no building permit or
business license, in conflict with the recommended language herein, granted for
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properties or businesses located in this zone district until the first of the following occurs:
1) City Council, by Ordinance, has passed this amendment, or similar amendment to the
same zone district; 2) City Council has, by Resolution, refused to consider this
amendment; 3) Six (6) months time has passed from the date of this Planning and Zoning
Resolution.
APPROVED by the Commission at its meeting on March 31, 1998.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
DRAFT
DRAFT
City Attorney
Sara Garton, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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EXHIBIT C
EXISTING TEXT
,
26.28.160 Service/CommerciallIndustrial (S/CIl).
A. Purpose. The purpose of the Service/Commercial/lndustrial (S/C/I)
zone district is to allow for the use of land for the preservation or development of
limited commercial and industrial uses which do not require or generate high
customer traffic volumes, and to permit customary accessory uses, including
residential dwelling units.
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/lndustrial (S/C/I) zone district.
1. Limited commercial and industrial uses including the following and
similar uses: Vehicle sales; appliance and equipment rental, storage and repair;
automobile repair; automobile washing facilities; electrical and plumbing service
shops; commercial bakery; computer product sales and services; limited
industrial uses including: Builder's supply, industrial dry cleaning plant and
laundry, fabrication and repair of building materials and components,
lumberyards, manufacture and repair of electronics or sporting goods, printing
and publishing plants, telecommunications supply, typesetting, warehousing and
storage, shop-craft industry and similar uses, artists' studios with optional
accessory dwellings. All of these uses are permitted provided they do not create
unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare
or industrial waste disposal problems, and provided that no permitted uses
principally sell daily or frequently bought items to the general public;
2. Accessory residential dwellings restricted to affordable housing
guidelines;
3.
4.
Home occupations; and
Accessory buildings and uses.
Existing zoning page 1
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C. Conditional Uses. The following uses are permitted as conditional
uses in the Service/Commercial/ Industrial (S/C/I) zone district, subject to the
standards and procedures established in Chapter 26.60.
1. Full-service gas station;
2. Dance studio;
3. Martial arts studio;
4. Dwelling unit accessory to permitted uses other than artists studio;
5. Catalogue sales store;
6. Laundromat;
7. Photography studio;
8. Above-ground fuel storage tanks; and
9. Veterinary clinic.
D. Dimensional requirements. The following dimensional requirements
shall apply to all permitted and conditional uses in the
Service/Commercial/lndustrial (S/C/I) zone district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
For artist's studios with accessory residential dwelling units and for
other accessory dwelling units on lots between 6,000 and 9,000 square feet, the
following square feet requirements apply:
Studio: 1,000
1 bedroom: 1,200
2 bedroom: 2,000
3 bedroom: 3,000
Units with more than 3 bedrooms: One (1) bedroom per
1,000 square feet of lot area.
For artist's studios with accessory residential dwelling units and for
other accessory dwelling units on lots more than 9,000 square feet, the following
square feet requirements apply:
Studio: 1,000
Existing zoning page 2
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1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom plus
1,000 square feet of lot area.
3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): 20 from right-of-way lines of arterial
streets (Mill & Spring), 10 from all other streets.
5. Minimum side yard (feet): No requirement
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet): 32
8. Minimum distance between principal and accessory buildings
(feet): No requirement
9. Percent of open space required for building site: 25
10. External floor area ratio: 1:1
11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking
spaces shall be provided for each use in the Service/Commercial/Industrial (SCI)
zone district, subject to the provisions of Chapter 26.32.
1. For single-family and duplex residential use and multi-family use:
two (2) spaces/dwelling unit. Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for, historic landmarks only, and fewer spaces may be
provided pursuant to Chapter 26.60 for accessory dwelling units only. One (1)
space/dwelling unit is required if the unit is either a studio or one-bedroom unit.
2. Residential uses: 1 space/bedroom
3. All other uses: 3 spaces/1, 000 square feet of net leasable area.
(Ord. No. 9-1992, 9 1; Ord. No. 22-1995, 9 6; Ord. No. 37-1996, 94; Ord. No.
38-1996,92: Code 1971, 9 5-211)
Existing zoning page 3
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EXHIBIT D
PROPOSED TEXT
3.31.98
note: This text has not been voted on yet and may be further discussed if the
Commissioners or Public desires.
26.28.160 Service/Commercial/Industrial (S/C/I).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone
district is to allow for the use of land for the preservation or development of limited
commercial and industrial uses which may not be appropriate in other zone districts; do
not require or generate high customer traffic volumes; are primarily oriented to the
manufacturing, repair, storage, and servicing of consumer goods; and have a limited
showroom, retail, or customer service area; to permit artist's studios; and, to permit
customary accessory uses, including affordable residential dwelling units accessory to
permitted uses.
B. Permitted uses. The fOllowing uses are permitted as of right in the
Service/Commercial/lndustrial (S/C/I) zone district: ~.lMkO'M./J\}\u' \W~.
1. Building materials, components, and equipment, fabrication, sales, rental, repair,
and servicing with up to 100% of the floor area devoted to showroom, retail, or
customer service use.
2. Building maintenance facility.
3. Automobile and motorcycie repair, servicing, and detailing.
4. Rental and repair of household appliances, equipment, and furniture.
5. Manufacture, repair, and servicing of electronics, computers, and
telecommunications equipment.
6. Manufacture, repair, and servicing of sporting goods.
7. Manufacture, repair, alteration, and tailoring of clothing and shoes.
8. Sewing supply.
9. Typesetting and printing.
10. Commercial bakery, catering service, or commercial kitchen
11. Artist's Studio.
Proposed Zoning page I
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12. Rehearsal or teaching studio for the creative, performing, and/or martial arts not
generally receiving the public and with no public performances;
13. Locksmith.
14. Post Office.
15. Animal grooming establishment.
16. Warehousing and storage.
17. Service Yard accessory to a permitted use.
18. Home occupations.
19. Accessory buildings and uses.
All of these uses are permitted provided they do not create unusual traffic hazard, noise,
dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems;
that no permitted ~ses principally provide daily or frequen~OUght items to the general
public; and any~~room, retail,4';:ustomer servic~~r:a is clearly accessory to a
permitted use <Inri "nn"tiil ,holt FlS ~ll"~ th~., t,^,"nty, (29) 19Em:6lr1t sf lAc (jreslt floor area
of ilia B",~;n~ unless otherwise established herein or approved by the Planning and
Zoning Commission.aS '" c~~......1 (-'t<-.
C. Conditional Uses. The following uses are permitted as conditional uses in
the Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and
procedures established in Chapter 26.60.
1. Gas station;
2. Automobile and motorcycle sales, rental, or washing facility.
3. Sales and rental of electronics, computers, or telecommunications equipment.
4. Sales and rental of sporting goods.
5. Rental of clothing or shoes.
6. Consignment sales of second-hand clothing, sporting goods, or furniture with up
to 100% of the floor area devoted to showroom, retail, or customer service area.
7. Photo processing laboratory with no showroom, retail, or customer service area.
8. Laundromat.
9. Commercial dry cleaning and laundry.
10. Recycling center.
11. Veterinary clinic. ~
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Proposed Zoning page 2
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12. Animal boarding facility.
13. Tattoo Parlor.
14. Brewery and brewing supply ,
15. Coffee roasting and supply. c..,.,J., ",~(c.o~\w.. ') <;a 1... .."
16. Showroom, retail, IJJ customer service"area which constitute~than tweffly
(20) percent of business' gross floor area.
17. Studio, one (1) bedroom, or two (2) bedroom affordable residential dwelling
unit(s) accessory to a permitted use, meeting the current net minimum livable
square footage requirements for newly deed restricted affordable housing units
(as defined by the Aspen/Pitkin County Housing Authority), located entirely
above natural or finished grade, whichever is more restrictive, and entirely above
any non-residential use within the structure, deed restricted to affordable housing
guidelines for Categories 1,2, or 3; ,
All of these conditional uses may be approved provided they do not create unusual
traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial
waste disposal problems; that no uses principally provide daily or frequently bought
items to the general public; and any showroom, retail, or customer service area is
clearly accessory to a permitted or approved conditional use and constitutes no more
than twenty (20) percent of the business' gross floor area unless otherwise established
herein or approved by the Planning and Zoning Commission.
D. Dimensional requirements. The fOllowing dimensional requirements shall
apply to all permitted and conditional uses in the Service/Commercial/lndustrial (S/C/I)
zone district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Studio: 625
1 bedroom: 875
2 bedroom: 1,125
3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): No requirement
5. Minimum side yard (feet): No requirement
6. Minimum rear yard (feet): No requirement
Proposed Zoning page 3
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7. Maximum height (feet): 35
8. Minimum distance between principle and accessory buildings (feet): No
requirement
9. Percent of open space required for building site: No requirement
10. External floor area ratio: 1: 1. May be increased to 2: 1 provided additional
floor area is affordable housing use only.
11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking spaces
shall be provided for each use in the Service/Commercial/lndustrial (SCI) zone district,
subject to the provisions of Chapter 26.32.
1. Residential uses: Two (2) spaces/dwelling unit. One (1) space/dwelling
unit is required if the unit is either a studio or one-bedroom unit. Fewerspaces may be
provided pursuant to Chapter 26.60.
2. All other uses: 3 spaces/1 ,000 square feet of net leasable area unless
otherwise established through special review pursuant to Chapter 25.64.
(Ord. No. 9-1992, S 1; Ord. No. 22-1995, S 6; Ord. No. 37-1996, S 4; Ord. No. 38-1996,
S 2: Code 1971, S 5-211)
Proposed Zoning page 4
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EXHIBIT E
SUMMARY OF USES AND DIMENSIONS
3.31.98
note: These uses have not been voted on yet and may be further discussed if the
Commssioners or Public desires.
Uses Existing Proposed
Zoning Zoning
Building materials, components, and equipment , P P
fabrication, sales, rental, repair, and servicing with
up to 100% of the floor area devoted to retail or
customer service use.
Building Maintenance Facility P ***** P
Household appliance, equipment, & furniture rental P P
and repair ,
Electronics, Computers, and Telecommunication
Equipment
manufacturing P P
Computer sales - ***** C
rental - C
, repair, servicing P P
Autos and Motorcycles
sales P C
rental - C
repair, servicing, detailing P ***** P
washing facility P C
Sporting goods
manufacturing, repair, and servicing P P
sales and rental - C
Clothing and Shoes ,
manufacturing, repair, alteration, and tailoring - P
rental - C
Animals: ,
, Grooming - P
Veterinary clinic , C C
Animal Boarding - C
Sewing Supply - P
Typesetting and Printing P P
Photo Processing Laboratory with no retail or - C
customer service area
Commercial bakery, catering service, commercial P P
kitchen
Artist's Studio P P
Tattoo Parlor - C
Architect Studio P ***** -
Consignment sales of second-hand clothing, sporting C
goods, or furniture with up to 100% of the floor area
devoted to retail or customer service area.
Brewery & Brewing Supply - C
Zoning Summary page 1
f"'J ,.,., i; ,i,c,.,...." ,;,i, ,i', ,; '. " '., ,., '.
Coffee Roasting & Coffee Roasting Supply - C
Rehearsal or Teaching studio for creative, C ***** C
performing and/or martial arts not genraily recieving
the public and with no public performances (dance
studio, martial arts studio)
Locksmith - P
Post Office - P
Warehousing and Storage P P
Service Yard - P
Accessory Buildings and Uses P P
Gas Station C C
Laundromat C C
Commercial Dry Cleaning and Laundry P C
Recycling Center - C
Home Occupations P P
Dwelling unit accessory to an artist studio P -
Affordable dweiling unit accessory to any permitted P -
use
Free-market dweiling unit accessory to any permitted C -
use other than artist studio
Studio, one (1) bedroom,or two (2) bedroom - C
affordable residential dwelling unit(s) accessory to a
permitted use, meeting the current net minimum
livable square footage requirements for newly deed
restricted affordable housing units (as defined by the
Aspen/Pitkin County Housing Authority), located r
entirely above natural or finished grade, whichever is
more restrictive, and entirely above any non-
residential use within the structure, deed restricted to
affordable housing guidelines for Categories 1,2, or
3'
,
, DIMENSION EXISTING ZONING PROPOSED ZONING
Minimum lot Size 6,000 s.t. 6,000 s.f. *****
Lot area per dwelling unit: 6,000 - 9,000
s.f. lots
Studio 1000
One bedroom 1200
Two bedroom 2000
Three bedroom 3000
over three bedroom 1000 per bedroom
Lot area per dweiling unit for 9,000+ s.f.
lots
Studio 1000
One bedroom 1250
Two bedroom 2100
Three bedroom 3630
over three bedroom one bedroom plus
1000 s.f. of lot
area ,
Zoning SUlllmary page 2
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Lot area per dwelling unit
Studio 625
, One bedroom 875
two' bedroom 1125
Minimum lot width no requirement no requirement
Minimum front yard 20' from arterial no requirement
streets (Mill and
Spring), 10' from ,
all other streets
Minimum side yard no requirement no requirement
Minimum rear yard no requirement no requirement
Maximum height , 32 feet 35 feet
Minimum distance between principal and no requirement no requirement
accessory buildings
Percent Open Space 25% no requirement
External Floor Area Ratio (FAR) 1:1 1:1. May be
increased to 2: 1
provided all additional
floor area is for
residential uses only
Internal FAR no requirement no requirement
Off-Street parking required
Residential 1 space per 1 space per bedroom
bedroom or two or two per unit. May
per unit. May be lowered through
lower for ADUs Conditionai Use
9nly
All other uses 3 per 1000 s. f. net 1.5 per 1000 sJ. net
ieasable leasable unless
otherwise established
through Special
Review
P = Permitted Use C = Conditional Use
***** Represents items needing further discussion or staff explanation
Zoning Summary page 3
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EXHIBIT F
QUESTIONS REGARDING ZONING
3.31.98
. Is the S/C/I Zone District important within the overall concept of Aspen as a town
and given the range of zoning classifications?
. Does the purpose statement accurately represent the spirit and intent of the S/C/I
Zone District?
. Do the recommended uses support the purpose statement?
. Are these uses appropriately categorized as permitted and conditional?
. Do the recommended dimensional requirements appropriately encourage the
desired uses and operational characteristics?
. Do the recommended dimensional requirements promote a built form appropriate
for the S/C/I Zone District?
. Are there any other uses or dimensions needing discussion?
. Does this zoning fit within the Commission's goal for the zone district and the
purpose statement?
. Does the Resolution accurately represent the Commission's recommendation to
City Council?
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MEMORANDUM
TO:
THRU:
Aspen Planning and Zoning Commission ./.-C ./
Stan Clauson, Community Development 'rect~~
Julie Ann Woods, Deputy Diri1tl~\
Christopher Bendon, Planner lJI\i
Service/Commercial/Industrial Zo e District (S/CII)
Code Amendment (continued from February 17, 1998)
March 10, 1998
FROM:
RE:
DATE:
SUMMARY:
This is a public hearing continued from February 17, 1998, to consider
amendments to the Service/Commercialllndustrial (S/CIl) Zone District. It has
been brought to the attention of staff that there may be uses in this Zone District
which run counter to the spirit of the zone. After an initial investigation, staff felt
it would be more appropriate to first analyze the S/C/! Zone District. The purpose
of this exercise is to inform City Council as to the state of the Zone District and to
recommend the appropriate revisions (if any) to the Zone District's language to
reinforce its intent. City Council will use this recommendation to consider
whether amendments are necessary and appropriate to reinforce this intent and
what level of enforcement (if any) is required to achieve the Community's goals
for the S/CIl Zone District.
Staff has structured the S/CIl discussion in a sequence of increasing delineation.
This allows for an organized discussion and is a method used in many planning
processes. This process starts with a philosophical debate and concludes with
specific dimensional requirements.
Philosophical intent - How does the S/C/I fit within the overall concept of the
town? Is the zone district important, worth preserving? Is the zone district
working correctly? If not, why? Would the town be better off with different
requirements? The conclusion of this process should be a realization of the
general goals and an intent statement foy the S/C/I Zone District.
Uses and Dimensions - these are the nuts and bolts of the zone district. The
permitted and conditional uses should yeinforcethe intent of the district and
allow the district to function within the town as envisioned during the
philosophical discussion. The dimensional yequirements should also fulfill the
intent of the district, allowing and encouraging those desiyed uses to exist
without cyeating incongruent land use patterns oy adverse impacts to neighboring
parcels or within the town.
Earlier during this public hearing, the Planning and Zoning Commission
considered the following intent statement:
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Purpose. The purpose of the Service/CommerciaI/!ndustrial (S/C/!) zone district
is to allow for the use of land for the preservation or development of limited
commercial and industrial uses which do not require or generate high customer
traffic volumes; are primarily oriented to the manufacturing, repair, storage, and
servicing of consumer goods; and have a limited showroom, retail, or customer
service area; to permit artist's studios and shop craft industries; and, to permit
customary accessory uses, including affordable residential dwelling ,units
accessory to permitted uses.
In response to prior meetings in which the Commission requested the shop craft
industry definition be eliminated and architecture studios be included as a
conditional use, the Commission may want to amend this statement to replace
shop craft industries (use covered by artist's studios) with architecture studios.
The Planning and Zoning Commission should first consider the philosophical
purpose of the zone district within the context of the entire town. This discussion
should either confirm or amend this purpose statement This statement is
important in that it shapes the present discussion of the zone and allows future
assignees 'the insight of the present Commission in interpreting future uses.
The Commission should then discuss the appropriate permitted and conditional
uses for the zone district. Permitted uses should be those which do not require a
review beyond a building permit and/or a business license. Conditional uses
should be those which may have on- or off-site impacts or which may be
incompatible with an adjacent use.
Attached to this memorandum is the proposed zone district language arid a list of
uses the Commission has been using to direct the discussion. Staff has
highlighted the uses still needing consideration in bold. The Commission should
feel free to discuss any or all of the proposed uses. Also, the Commission should
consider any uses not included on this list which may be appropriate or desirable
in this zone district
Next, the Commission should consider the physical dimensions of the zone
district. Staff s intent with these dimensional requirements is to loosen the
building footprints, allow for a small amount of retail or customer service area,
and allow the dimensional flexibility to provide for employee housing on-site.
Staff has attached a summary of the dimensional requirements similar to the one
used by the Commission in considering uses. Also, staff has prepared a set of
questions regarding the physical dimensions to help focus the discussion.
As a concluding exercise, the Commission should consider if the specific use and
dimensional regulations proposed contribute to fulfilling the philosophical intent
of the zone district.
Staff recommends the Planning and Zoning Commission consider the
philosophical underpinnings of the S/C/I Zone District, the appropriate and
desirable land uses, the dimensional requirements, and then make a
recommendation to City Council.
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ApPLICANT:
City of Aspen.
LOCATION:
There are two main areas in town zoned SCI; The Puppy Smith and Mill Street
intersection (Post Office, etc.) and the East Bleeker Street area below the Concept
600 Condominiums.
CURRENT AND PROPOSEO ZONING TEXT:
Attached to this memo is the proposed revisions to the Zone District text. Exhibit
A contains the existing text. Exhibit B contains the proposed text with bold
language needing discussion.
CURRENT AND PROPOSED LAND USES:
Attached to this memo as Exhibit C is a summary of the current land uses as
permitted and conditional, and those proposed land uses as permitted and
conditional.
CURRENT AND PROPOSED DIMENSIONAL REQUIREMENTS:
Attached to this memo as Exhibit D is a summary of the current and proposed
dimensional requirements and a set of questions to help frame the
Commissioner's discussion.
PREVIOUS ACTION:
The Planning and Zoning Commission held a worksession on the topic October
21, 1997. A public hearing was opened on November 18, 1997, continued to
January 6, 1998, continued to January 20, 1998, continued to February 17, 1998,
and then continued to this date. No action has been taken.
REVIEW PROCEDURE:
Code amendments are recommended for approval, approval with conditions, or
denial by the Planning and Zoning Commission at a public hearing and then
approved, approved with conditions, or denied by City Council at a public
hearing.
STAFF COMMENTS:
The AACP and land use regulations reflect the community's desire to protect a
sense of place and identity. Although much of the attention has traditionally been
placed upon new growth as the major factor in affecting change, it is also the loss
oflocal oriented businesses and an inability to retain a "critical mass" of the
workforce in town which are major concerns.
Staff is suggesting that if a service/commercial/industrial area of town is desired
by the community, the way to encourage those land uses is to disallow land uses
which encourage real estate speculation and intense retail uses which may inflate
lease rates above reasonable levels for the desired uses. This area of town,
3
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however, will never be all things to all p~bple. The community has long
determined that it will not address demand with more supply. The demand for
lower lease rates, and the pressure on this area oftown to up-zone, may always be
present.
RECOMMENDATION:
The Commission should first re-assess the philosophical intent of the S/CIl Zone
District. The result of this philosophical exercise should be reflected in the
purpose statement. The Commission should then consider specific uses and
dimensional requirements which willfulfill this intent without creating an
abnormal development pattern. The Commission should then reconsider the
intent statement to insure compliance with the specific regulations. Finally the
Commission should make a recommendation to City Council.
RECOMMENDED MOTION:
"I move to recommend City Council approve this code amendment to the
Service/Commercialllndustria1 Zone District as proposed by staff in the memo
dated March 10, 1998, with thefollowing
changes:
"
"I further move to direct staff to develop, and schedule public hearings for,
appropriate definitions and use square footage limitations for the following
uses:
"
ALTERNATE MOTION:
"I move to continue this public hearing for Amending the SCI Zone District to
(date) and direct staffto make the following changes:
"
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B
Exhibit C
Exhibit D --
Exhibit E --
Exhibit F --
Existing Text
Proposed Text
Summary of Permitted and Conditional Uses
Summary of Dimensional Requirements
Questions Regarding Dimensional Requirements
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Exhibit A
STAFF COMMENTS: Text Amendment
Section 26.92.020, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this title.
Staff Finding:
The proposed code amendment intends to preserve and erihance the purpose of the zone
district by carefully defining those uses that will benefit the entire community, including
affordable housing to offset the generation of employees, and hopefully lessen the
ambiguity ofthe current text.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the zone district are supported by the AACP. Preventing
the departure of local service and light industrial businesses by excluding uses that
encourage real estate speculation and higher lease rates is a goal of the greater
community. Identifying and encouraging the preservation and development oflight
industrial and service uses that benefit the community may reduce the necessity to drive
downvalley. Encouraging small, private sector infill development of affordable housing
accessory to employee generating uses, located on-site, in and near desired activity and
employment centers preserves open and rural areas and sustains the "critical mass"
essential to the character of the community.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding:
The SCI zone seems to work well in the current locations. Both areas are centrally
located close to downtown where services may be accessed by pedestrians, delivery
access is convenient, and accessory housing will be near employment opportunities,
recreational resources, and convenient to shopping. The increased amoWlt of employee
housing that can be built on-site can be accommodated within the characteristics of the
surrounding neighborhood. The amount of residential clensity aJlowed is not anticipated
to create any conflicts with surrounding land uses and densities.
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D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
The proposed changes should, if interpreted and enforced correctly, generate the same
number or fewer trips. Additional housing opportunities within walking distance to
employment, recreation, retail, and essential services could reduce the need for everyday
driving.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding:
The areas of the city zoned SCI are within the urban core and have been developed for
some time. Preventing downvalley migration of light industrial and service businesses
and encouraging the business owners to provide employee housing on-site may actually
prevent adverse impacts on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
One of the most profound differences between Aspen and other mountain resort towns is
its history as a "real" town. Although there are continual challenges to the original
theme, Aspen is not merely a real estate development accessory to a resort economy, it is
a town.
Characteristic oftraditional towns is a layering of/and uses. Each layer serves an
important function in supporting other layers but generally cannot survive individually.
Extremely important to the residents of this community is the preservation of this town's
character as separate and distinct from a Vail or Snowmass Village character. While it
may seem a silly thing to celebrate, the ability to get a vacuum cleaner fixed in town is
important. The day that the vacuum cleaner repair shop becomes an upscale boutique or
a second home, the town is less Aspen and more Vail.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
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Staff Finding:
It has been brought to the attention of staff that there may be some abuses of this zone
district. It has also become obvious to staff that any enforcement action by staff should
be directed by City Council. With the amendments, staff has attempted to encourage
service and industrial uses through limiting specifically the allowed uses and providing
additional flexibility in the dimensional requirements.
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EXHIBIT B
EXISTING TEXT
26.28.160 Service/Commercial!lndustrial (S/C/I).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I)
zone district is to allow for the use of land for the preservation or development of
limited commercial and industrial uses which do not require or generate high
customer traffic volumes, and to permit customary accessory uses, including
residential dwelling units.
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/C/I) zone district.
1. Limited commercial and industrial uses including the following and
similar uses: Vehicle sales; appliance and equipment rental, storage and repair;
automobile repair; automobile washing facilities; electrical and plumbing service
shops; commercial bakery; computer product sales and services; limited
industrial uses including: Builder's supply, industrial dry cleaning plant and
laundry, fabrication and repair of building materials and components,
lumberyards, manufacture and repair of electronics or sporting goods, printing
and publishing plants, telecommunications supply, typesetting, warehousing and
storage, shop-craft industry and similar uses, artists' studios with optional
accessory dwellings. All of these uses are permitted provided they do not create
unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare
or industrial waste disposal problems, and provided that no permitted uses
principally sell daily or frequently bought items to the general public;
2. Accessory residential dwellings restricted to affordable housing
guidelines;
3. Home occupations; and
4. Accessory buildings and uses.
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C. Conditional Uses. The following uses are permitted as conditional
uses in the Service/Commercial/ Industrial (S/C/I) zone district, subject to the
standards and procedures established in Chapter 26.60.
1. Full-service gas station;
2. Dance studio;
3. Martial arts studio;
4. Dwelling unit accessory to permitted uses other than artists studio;
5. Catalogue sales store;
6. Laundromat;
7. Photography studio;
8. Above-ground fuel storage tanks; and
9. Veterinary clinic.
D. Dimensional requirements. The following dimensional requirements
shall apply to all permitted and conditional uses in the
Service/Commercial/Industrial (S/C/I) zone district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
For artist's studios with accessory residential dwelling units and for
other accessory dwelling units on lots between 6,000 and 9,000 square feet, the
following square feet requirements apply:
Studio: 1,000
1 bedroom: 1,200
2 bedroom: 2,000
3 bedroom: 3,000
Units with more than 3 bedrooms: One (1) bedroom per
1,000 square feet of lot area.
For artist's studios with accessory residential dwelling units and for
other accessory dwelling units on lots more than 9,000 square feet, the following
square feet requirements apply:
Studio: 1,000
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1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom plus
1,000 square feet of lot area.
3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): 20 from right~of-way lines of arterial
streets (Mill & Spring), 10 from all other streets.
5. Minimum side yard (feet): No requirement
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet): 32
8. Minimum distance between principal and accessory buildings
(feet): No requirement
9. Percent of open space required for building site: 25
10. External floor area ratio: 1: 1
11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking
spaces shall be provided for each use in the Service/Commercial/Industrial (SCI)
zone district, subject to the provisions of Chapter 26.32.
1. For single-family and duplex residential use and multi"family use:
two (2) spaces/dwelling unit. Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for historic landmarks only, and fewer spaces may be
provided pursuant to Chapter 26.60 for accessory dwelling units only. One (1)
space/dwelling unit is required if the unit is either a studio or one-bedroom unit.
2. Residential uses: 1 space/bedroom
3. All other uses: 3 spaces/1 ,000 square feet of net leasable area.
(Ord. No. 9-1992, S 1; Ord. No. 22-1995, S 6; Ord. No. 37-1996, S 4; Ord. No.
38-1996, S 2: Code 1971, S 5-211)
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EXHIBIT E
PHYSICAL DIMENSIONS
3.10.98
DIMENSION EXISTING PROPOSED
ZONING ZONING
Minimum lot Size 6,000 sJ. 6,000 sJ. *****
Lot area per dwelling unit: 6,000 -
9,000 sJ. lots
, Studio 1000 ,
One bedroom 1200 ,
Two bedroom 2000
Three bedroom 3000
over three bedroom 1 000 per
bedroom
Lot area per dwelling unit for 9,000+
. I,
sJ. lots
Studio 1000
One bedroom 1250
Two bedroom 2100
Three bedroom 3630
over three bedroom one bedroom
plus 1000 sJ. of
lot area
Lot area per dwelling unit
Studio 625
One bedroom 875
two bedroom , 1125
Minimum lot width no requirement no requirement
Minimum front yard 20' from arterial no requirement
streets (Mill and
Spring), 10'
from all other
. streets
Minimum side yard , no requirement no requirement
Minimum rear yard no requirement no requirement
Maximum height 32 feet 35 feet
Minimum distance between principal no requirement no requirement
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and accessory buildings
Percent Open Space 25% no requirement
External Floor Area Ratio (FAR) 1:1 1:1. May be
increased to 2:1
provided all
additional floor
area is for
residential uses
only ***** should
this be by Sepcial
Review?
Internal FAR no requirement no requirement
Off-Street parking required
Residential 1 space per 1 space per
bedroom or two bedroom or two
per unit. May per unit. May be
lower for ADUs lowered through
only Special Review or
Conditional Use
*****
All other uses 3 per 1000 s.f. 1.5 per 1000 s.f.
net leasable net leasable
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EXHIBIT F
QUESTIONS REGARDING PHYSICAL DIMENSIONS
3.10.98
Staff has suggested most businesses in the SCI be allowed a small amount (20%) of
retail or customer service area. It may be appropriate for some uses to have more or
less than 20% depending upon their operational characteristics. The intent of this
provision is, not to create another retail district in town, but to allow for accessory
customer service areas that compliment permitted uses without becoming the primary
focus of the business.
· Is this amount (20%) appropriate for most uses and should it be permitted @f-
c~~? Tf"", '
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Should additional retail area be a Conditional Use? ~
During the Architect Studio use discussion the Commission raised concerns about the
potential size of these businesses. The most appropriate way to limit the size of a
business is through the City's use square footage limitations.
· Should Architect Studios have a size limitation? If so, what is an appropriate
size? . kwt !h11 tiller
The minimum lot area per dwelling unit established an allowable residential density,
but does not restrict the size of the units. The lot area required per unit type was
developed based on the employee generation from the commercial space. This density
will allow a parcel to mitigate 100% of the employee generation on-site assuming the
commercial space is approximately 85% efficient (taking out space for storage, stairs,
etc.). This is assuming also that parking will be structured. It is more likely that
parking will be accomplished at grade, or partially covered, with the employee
mitigation closer to the 60% threshold requirement. The 60% employee mitigation
on-site will result in roughly 1.5:1 floor area ratios, leaving an additional .5 FAR
available for extra housing. Lowering the lot area requirements would allow for the
option of greater on-site housing.
· Are these per unit lot area requirements appropriate?
, 'it;.
Staffis proposing reducing the front yard setback to zero, raising the height from 32
to 35 feet, and eliminating the open space requirement. This would allow slightly
more flexibility in site design and building form.
· Should the front yard setback be reduced to zero? 6V
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. Should the height be raised to 35 feet? 0 \c-
· Is open space in the SCI important? Y\b
The existing Floor Area Ratio (FAR) for the zone district is 1: 1. Staff is proposing
this FAR be raised to 2: 1 provided that additional floor area is developed as
affordable housing only.
· Is the additional FAR appropriate if it is used for affordable housing? '(~
· Should this increase go through a Special Review process? No
The existing parking requirement for commercial space in this zone is 3 spaces per
1,000 square feet of net leasable. Staff is proposing this be reduced to 1.5 spaces. In
the alternative, the Commission may want to make this reduction a Special Review
requirement with a payment-in-lieu. For comparison, the following zones require
parking at the following rates per 1,000 square feet of net leasable area:
CC 2 spaces, can provide payment -in-lieu
C1 1.5 spaces, can provide payment -in-lieu
NC 4 spaces
o 3 spaces, can provide payment-in-lieu for up to 1.5 spaces
· Is this reduction in required parking appropriate? NO ~ '
· If there is a reduction should it be through Special Revie~ should parking
mitigation be paid~ No
For residential uses, staff is proposing the same parking requirements used city-wide.-
The Commission may want to allow this to be reduced either through Special Review
or through Conditional Use Review (if the Housing becomes a Conditional Use).
· Is this level of required parking for residential uses appropriate? I
· Should residential parking be reduced with P&Z approval? i ~*ir
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EXHIBIT C
PROPOSED TEXT
3.10.98
note: This text has not been voted on yet and may be further discussed if the
Commssioners or Public desires. Items in bold need further consideration by
the Commission
26.28.160 Service/Commercial/Industrial (S/C/I).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone
district is to allow for the use of land for the preservation or development of limited
commercial and industrial uses which do not require or generate high customer traffic
volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of
consumer goods; and have a limited showroom, retail, or customer service area; to
permit artist's and architecture studios; and, to permit customary accessory uses,
including affordable residential dwelling units accessory to permitted uses.
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/lndustrial (S/C/I) zone district:
1. Building materials, components, and equipment, fabrication, sales, rental, repair,
and servicing with up to 100% of the floor area devoted to retail or ctlstomer
service use.
2. Building maintenance facility.
3. Automobile and motorcycle repair, servicing, and detailing.
4. Rental and repair of household appliances, equipment, and furniture.
5. Manufacture, repair, and servicing of electronics, computers, and
telecommunications equipment.
6. Manufacture, repair, and servicing of sporting goods.
7. Manufacture, repair, alteration, and tailoring of clothing and shoes.
8. Sewing supply.
9. Typesetting and printing.
10. Commercial bakery.
11. Artist's Studio.
12. Rehearsal or teaching studio for the creative, performing, and/or martial arts not
generally receiving the public and with no public performances;
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13. Locksmith.
14. Post Office.
15. Animal grooming [see definition].
16. Warehousing and storage.
17. Service Yard accessory to a permitted use.
18. Home occupations.
19. Accessory buildings and uses.
20. Other uses?
All of these uses are permitted provided they do not create unusual traffic hazard, noise,
dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems;
that no permitted uses principally sell daily or frequently bought items to the general
public; and any showroom, retail, or customer service area is clearly accessory to
a permitted use and constitutes no more than twenty (20) percent of the net
leasable floor area.
C. Conditional Uses. The following uses are permitted as conditional uses in
the Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and
procedures established in Chapter 26.60.
1. Gas station;
2. Automobile and motorcycle sales, rental, or washing facility.
3. Sales and rental of electronics, computers, telecommunications equipment.
4. Sales and rental of sporting goods.
5. Rental of clothing, or shoes.
6. Photo processing laboratory with no retail or customer service area.
7. Laundromat.
8. Commercial dry cleaning and laundry.
9. Recycling center.
10. Veterinary clinic. [see definition]
11. Animal boarding. [see definition]
12. Architect Studio. [see definition]
13. Tattoo Parlor.
14. Brewery and brewing supply. [see definition]
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15. Coffee roasting and coffee roasting supply. [see definition]
16. Studio, one (1) bedroom, or two (2) bedroom affordable residential dwelling
unites) accessory to a permitted use, meeting the current net minimum livable
square footage requirements for newly deed restricted affordable housing units
(as defined by the Aspen/Pitkin County Housing Authority), located entirely
above natural or finished grade, whichever is more restrictive, and entirely above
any non-residential use within the structure, deed restricted to affordable housing
guidelines for Categories 1,2, or 3;
17. Other uses?
All of these conditional uses may be approved provided they do not create unusual
traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial
waste disposal problems; that no uses principally sell daily or frequently bought items to
the general public; and any showroom, retail, or customer service area is clearly
accessory to a permitted or approved conditional use and constitutes no more
than twenty (20) percent of the net leasable floor area.
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Service/Commercial/Industrial (S/C/I)
zone district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Studio: 625
1 bedroom: 875
2 bedroom: 1,125
3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): No requirement
5. Minimum side yard (feet): No requirement
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet): 35
8. Minimum distance between principal and accessory buildings (feet): No
requirement,
9. Percent of open space required for building site: No requirement
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10. External floor area ratio: 1:1. May be increased to 2:1 provided
additional floor area is affordable housing use only. (Should this be through
Special Review?)
11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking
spaces shall be provided for each use in the Service/Commercial/Industrial (SCI)
zone district, subject to the provisions of Chapter 26.32.
1. Residential uses: Two (2) spaces/dwelling unit. One (1)
space/dwelling unit is required if the unit is either a studio or one-bedroom unit.
Fewer spaces may be provided pursuant to Chapter 26.60. Fewer spaces may be
provided by special review pursuant to Chapter 25.64 for historic landmarks only.
2. All other uses: 1.5 spaces/1,000 square feet of net leasable area.
(Ord. No. 9-1992, S 1; Ord. No. 22-1995, S 6; Ord. No. 37-1996, S 4; Ord. No. 38-1996,
S 2: Code 1971, S 5-211)
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EXHIBIT 0
SUMMARY OF USES
3.10.98
note: These uses have not been voted on yet and may be further discussed if the
Commssioners or Public desires.
Uses Existing Proposed
Zoning Zoning
Building materials, components, and equipment P P ,
fabrication, sales, rental, repair, and servicing
with up to 100% of the floor area devoted to
retail or customer service use.
Household appliance, equipment, & furniture P P
rental and repair ,
Electronics, Computers, and Telecommunication
Equipment
manufacturing P P
Computer sales - ***** C
rental - C
repair, servicing P P
Autos and Motorcycles
sales P C
rental - C
repair, servicing, detailing P ***** P
washing facility P " C
Sporting goods
manufacturing, repair, and servicing P p
sales and rental - C
Clothing and Shoes
manufacturing, repair, alteration, and tailoring - P
rental - ,',. C
Animals:
Grooming - P
" ",' '" . Veterinary clinic C C
Animal Boarding - C
Sewing Supply - P
Typesetting and Printing P P
Photo Processing Laboratory with no retail or - C
customer service area
Commercial bakery P P
Shop craft industry and Supply P P
Artist's Studio P P
Tattoo Parlor - C
Architect Studio P ***** C
Consignment sales of second-hand clothing, C
sporting goods, or furniture with up to 100% of
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the floor area devoted to retail or customer
service area.
Brewery & Brewing Supply - C
Coffee Roasting & Coffee Roasting Supply - C
Rehearsal or Teaching studio for creative, C ***** C
performing and/or martial arts not genrally
recieving the public and with no public
performances (dance studio, martial arts studio)
Locksmith - P
Post Office - P
Warehousing and Storage P P
Service Yard - P
Accessory Buildings and Uses P P
Gas Station C C
Laundromat C C
Commercial Dry Cleaning and Laundry P C ,
Recycling Center' , - C
Home Occupations P P
Dwelling unit accessory to an artist studio P -
Affordable dwelling unit accessory to any P -
permitted use
Free-market dwelling unit accessory to any C -
permitted use other than artist studio
Studio, one (1) bedroom, or two (2) bedroom - C
affordable residential dwelling unit(s) accessory
to a permitted use, meeting the current net 'e
minimum livable square footage requirements
for newly deed restricted affordable housing
units (as defined by the Aspen/Pitkin County
Housing Authority), located entirely above
natural or finished grade, whichever is more
restrictive, and entirely above any non-
residential use within the structure, deed
restricted to affordable housing guidelines for
Categories 1,2, or 3;
Building Maintenance - P*****
f
P = Permitted Use C = Conditional Use
***** Represents items needing further discussion or staff explanation
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Existing land uses in the SCI District
Professional offices
Electrical repair shop
Retail
Furniture repair/consignment
Printing, Typesetting
Residential
Martial arts instruction
, Florist
Restaurant
Photo processing
Video rental
Auto repair
Building supply, etc.
Steel fabrication
Consignment retail
Sports equipment repair
Picture framing
Pet grooming
Athletic club
Property management
Tattoo parlor
Employment agency
Laundry
Auto detailing
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TO:
"MEMO~NDtt~
Aspen 'Planning and Zoning comm~ln
Stan Clauson, Community Development Director~/~~..J
Julie Ann Woods, Deputy Director~, I
Christopher Bendon, Planner ~V\IJ
Service/CommerciallIndustrial Zone District (S/C/I)
Code Amendment (public hearing continued from Jan. 6, 1998)
THRU:
FROM:
RE:
DATE:
January 20,1998
SUMMARY:
The Community Development Staff is proposing changes to the
Service/Commercialllndustrial (S/CIl) Zone District to bring it into greater
conformance with its intent as originally envisioned. There are two main
components of the revisions that need to be considered; uses and physical
dimensions. In the prior hearing, the Commission made significant progress on
the appropriate uses for this zone. Staff is' suggesting the Commission finish the
permitted and conditional uses and then move to the discussion of physical
dimensions. Depending upon the progress made, the Commission may want to
make a final recommendation to Councilor continue the hearing to a final date to
consider the changes in their entirety.
As expressed in the prior meetings, the intent of this zone district is to encourage
and preserve uses and activities that reinforce Aspen as a town and to provide for
uses that may be inappropriate in other locations in the City.
Uses
Staff has summarized the uses that the Commission recommended as permitted,
conditional, or set aside for further discussion. Please refer to the attached
summary. Staff also updated the proposed zone district language with items in
bold as needing further discussion.
The Commission requested some definitions for uses being considered. These
have been included on the last page of this memo. It is important to staff to have
clear, understandable definitions to hopefully prevent future confusion requiring
code interpretations. For this reason, staff is encouraging the Commission to
consider separate definitions for some of these uses rather than lumping them
together or assuming one term means another. Staff has also included a few
existing definitions for reference. Approval for new definitions would need to be
re-noticed for a public hearing.
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The proposed uses for the zone district changed during the prior meeting as
follows: ,
Note: The Commission did not make a final recommendation on the following uses, or
any other aspect of the zone district regulations. Any or all of these uses may be
reconsidered if the Commissioners desire.
· Auto Detailing, Repair, and Servicing went from conditional to permitted.
. Sales of Clothing 91ld Shoe~ 1lI'e eliminated.
· Photo Processing was changed to Photo Laboratory with no Retail or
Customer Service Area as a conditional use instead of a permitted use.
· Photography Studio was eliminated because that use is already included under
Artist Studio.
· Florist was eliminated.
· Dance Studio and Martial Arts Studio were replaced by Rehearsal or Teaching
Studio for the Creative, Performing, and/or Martial Arts which does not
generally receive the public or hold public performances. This was changed
from permitted to conditional. (These uses are conditional in the existing
code) .
· Recycling Center was changed from permitted to conditional.
· Tattoo Parlor was included as a conditional use.
Undecided in the previous meeting were the following uses:
· Rental of clothing and shoes as a conditional use.
· Animal supplies as a permitted use.
· Residential uses. The current code allows for free-market units accessory to
an artist studio and affordable units accessory to any use as permitted uses.
Pree-market units accessory to any use are conditional. Staffis proposing all
residential units be accessory and affordable as a permitted use. The
Commission should remember that all new residences must be exempted from
growth management in some fashion and therefore the term permitted may be
misleading. Also, the Commission may want all residential uses to be
conditional to prevent or reduce incompatibilities with surrounding uses which
may have some off-site impacts. Lastly, the Commission may want to
consider the role of higher Category, RO, and free-market housing - should
these types of housing be allowed, as a permitted or conditional use, and to
what extent.
· ArchitMt's Studio - Should this be a permitted use? If so, should it have a
square footage limit? Should it also, include other design professions? (i.e.
landscape architects, idustria1 designers, etc.).
Physical Dimensions:
Staff has suggested most businesses in the SCI be allowed a small amount (20%)
of retail or customer service area. It may be appropriate for some uses to have
more or less than 20% depending upon their operational characteristics. The intent
2
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of this provision is not to create' another fgHHl area o{town, but to allow for
accessory customer service areas that compliment permitted uses without
becoming the primary focus of the business. The Commission should consider
the appropriate level of retail floor area first as it relates to uses.
· Is this amount (20%) appropriate for most uses and should it be permitted or
conditional?
· Should additional retail area be a conditional use?
The minimum lot area per dwelling unit established an allowable residential
density, but does not restrict the size ofthe units. The lot area required per unit
type was developed based on the employee generation from the commercial
space, This density will allow a parcel to mitigate 100% of the employee
generation on-site assuming the commercial space is approximately 85% efficient
(taking out space for storage, stairs, etc.). This is assuming also that parking will
be structured. It is more likely that parking will be accomplished at grade or
partially covered with the employee mitigation closer to the 60% requirement.
· Are these per unit lot area requirements appropriate?
Staff is proposing reducing the front yard setback to zero, raising the height from
32 to 35 feet, and eliminating the open space requirement. This would allow
more flexibility in site design and building form.
· Should the front yard setback be reduced to zero?
· Should the height be raised to 35 feet?
· Is open space in the SCI important?
The existing Floor Area Ratio (FAR) for the zone district is 1: 1. Staff is
proposing this FAR be raised to 2: 1 provided that additional floor area is
developed as affordable housing only.
· Is the additional FAR appropriate if it is used for affordable housing?
The existing parking requirement for commercial space in this zone is 3 spaces
per 1,000 square feet of net leasable. Staff is proposing this be reduced to 1.5
spaces. In the alternative, the Commission may want to make this reduction a
Special Review requirement with a payment-in-Iieu. For comparison, the
following zones require parking at the following rates per I ,000 square feet of net
leasable area:
CC
C1
2 spaces, can provide payment -in-lieu
1.5 spaces, can provide payment -in-lieu
3
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n
NC 4 spaces
o 3 spaces, can provide payment -in-lieu for up to 1.5 spaces
· Is this reduction in required parking appropriate?
· If there is a reduction should it be through Specia:I Review and should parking
mitigation be paid?
For residential uses, staffis proposing the same parking requirements used city-
wide. The Commission may want to allow this to be reduced either through
Special Review or through Conditional Use Review if the Housing become a
Conditional Use.
· Is this level of required parking for residential uses appropriate?
· Should residential parking be reduced with P&Z approval?
Staff recommends the Planning and Zoning Commission first concentrate on
the permitted and conditional uses appropriate for this zone district. The
Commission should then consider physical dimensions ofthedistrict.
Depending upon the progress made at this hearing, the Commission may be
ready to make a final recommendation to Council or may want to continue
the hearing to consider the changes in their entirety.
ApPLICANT:
City of Aspen.
LOCATION:
There are two main areas in town zoned SCI; The Puppy Smith and Mill Street
intersection (Post Office, etc.) and the East Bleeker Street area below the Concept
600, Condominiums.
CURRENT AND PROPOSED ZONING TEXT:
Attached to this memo is the proposed revisions to the Zone District text. Exhibit
A contains the existing text. Exhibit B contains the proposed text with bold
language needing discussion.
CURRENT AND PROPOSED LAND USES:
Attached to this memo as Exhibit C is a summary of the current land uses as
permitted and conditional, and those proposed land uses as permItted and
conditional.
CURRENT AND PROPOSED DIMENSIONAL REQUIREMENTS:
Attached to this memo as Exhibit D is a SUlllmary ofthe current and proposed
dimensional requirements.
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PREVIOUS ACTION:
The Planning and Zoning Commission held a worksession on the topic October
21, 1997. A public hearing was opened on November 18, 1997, continued to
January 6, 1998, and then continued to this date. No action was taken.
REVIEW PROCEDURE:
Code amendments are recommended for approval, approval with conditions, or
denial by the Planning and Zoning Commission at a public hearing and then
approved, approved with conditions, or denied by City Council at a public
hearing.
STAFF COMMENTS:
The AACP and land use regulations reflect the community's desire to protect a
sense of place and identity. Although much of the attention has traditionally been
placed upon new growth as the major factor in affecting change, it is also the loss
oflocal oriented businesses and an inability to retain a "critical mass" of the
workforce in town which are major concerns.
Staff is suggesting that if a service/industrial area of town is desired by the
community, the way to encourage those land uses is to disallow land uses which
encourage real estate speculation and intense retail uses which may inflate lease
rates above reasonable levels for the desired uses. This area oftown, however,
will never be all things to all people. The community has long determined that it
will not address demand with more supply. The demand for lower lease rates, and
the pressure on this area of town to up-zone, may always be present.
RECOMMENDATION:
The Commission should first concentrate on the permitted and conditional uses
appropriate for this zone district. The Commission should then <;onsider physical
dimensions of the district. Depending upon the progress made at this hearing, the
Commission may be ready to make a final recommendation to Councilor may
want to continue the hearing to consider the changes in their entirety.
RECOMMENDED MOTION:
"I move to recommend City Council approve this code amendment to the service
Commercial Industrial Zone District as proposed by staff in the memo dated
January 20, 1998, with the following changes:
"
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ALTERNATE MOTION:
"I move to continue this public hearing for Amending the SCI Zone District to
February 17, 1998, and direct staff to make the following changes:
"
ATTACHMENTS:
Exhibit A -- Existing Text
Exhibit B -- Proposed Text with bold items to be further discussed
Exhibit C -- Summary of Permitted and Conditional Uses
Exhibit D -- Sunrmary of Dimensional Requirements
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EXHIBIT A
EXISTING TEXT
26.28.160 Service!CommerciaI!lndustrial (S/C/I).
A. Purpose. The purpose cifthe Service/Commercial/Industrial (S/C!I)
zone district is to allow for the use of land for the preservation or development of
limited commercial and industrial uses which do not require or generate high
customer traffic volumes, and to permit customary accessory uses, including
residential dwelling units.
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/C/I) zone district.
1. Limited commercial and industrial uses including the following and
similar uses: Vehicle sales; appliance and equipment rental, storage and repair;
automobile repair; automobile washing facilities; electrical and plumbing service
shops; commercial bakery; computer product sales and services; limited
industrial uses including: Builder's supply, industrial dry cleaning plant and
laundry, fabrication and repair of building materials and components,
lumberyards, manufacture and repair of electronics or sporting goods, printing
and publishing plants, telecommunications supply, typesetting, warehousing and
storage, shop-craft industry and similar uses, artists' studios with optional
accessory dwellings. All of these uses are permitted provided they do not create
unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare
or industrial waste disposal problems, and provided that no permitted uses
principally sell daily or frequently bought items to the general public;
2. Accessory residential dwellings restricted to affordable housing
guidelines;
3.
4.
Home occupations; and
Accessory buildings and uses.
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EXHIBIT B
PROPOSED TEXT
Items in bold need further consideration by the Commission
26.28.160 Service/Commercialllndustrial (S/C/I).
A. Purpose. The purpose of the Service/Commercialllndustrial (S/CII) zone
district is to allow for the use of land for the preservation or development of limited
commercial and industrial uses which do not require or generate high customer traffic
volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of
consumer goods; and have a limited showroom, retail, or customer service area; to
permit artist's studios and shop craft industries; and, to permit customary accessory
uses, including affordable residential dwelling units accessory to permitted uses:
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercialllndustrial (S/C/I) zone district:
1. Building materials, components, and equipment, fabrication, sales, rental, repair, '
and servicing with up to 100% of the floor area devoted to retail or costomer
service use.
2. Automobile and motorcycle repair, servicing, and detailing.
3.' Rental and repair of household appliances, equipment, and furniture.
4. Manufacture, repair, and servicing of electronics, computers, and
telecommunications equipment.
5. Manufacture, repair, and servicing of sporting goods.
6. Manufacture. repair, alteration, and tailoring of clothing and shoes.
7. Sewing supply.
8. Typesetting, printing, publishing.
9. Commercial bakery.
10. Shop-craft industry and supply.
11. Brewing supply, coffee roasting supply.
12. Artist's Studio.
13. Rehearsal or teaching studio for the creative, performing, and/or martial arts not
generally receiving the public and with no public performances;
14. Locksmith.
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15. Post Office.
16. Animal grooming [see definition], animal supplies.
17. Warehousing and storage.
18. Service Yard accessory to a permitted use.
19. Studio, one (1) bedroom, or two (2) bedroom residential dwelling unit(s)
accessory to a permitted use, meeting the current net minimum livable
square footage requirements for newly deed restricted affordable housing
units (as defined by the Aspen/Pitkin County Housing Authority), located
entirely above natural or finished grade, whichever is more restrictive, and
entirely above any non-residential use within the structure, deed restricted
to affordable housing guidelines for Categories 1,2, or 3;
20. Home occupations.
21. Accessory buildings and uses.
22. Other uses? Architect's Studio or Design Studio.
All of these uses are permitted provided they do not create unusual traffic hazard, noise,
dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems;
that no permitted uses principally sell daily or frequently bought items to the general
public; and any showroom, retail, or customer service area is clearly accessory to
a permitted use and constitutes no more than twenty (20) percent of the net
leasable floor area.
C. Conditional Uses. The following uses are permitted as conditional uses in
the Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and
procedures established in Chapter 26.60.
1. Gas station;
2. Automobile and motorcycle sales, rental, or washing facility.
3. Sales and rental of electronics, computers, telecommunications equipment.
4. Sales and rental of sporting goods.
5. Rental of clothing, or shoes.
6. Photo processing laboratory with no retail or customer service area.
7. Laundromat.
8. Commercial dry cleaning and laundry.
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9. Recycling center.
10. Above-ground fuel storage tanks.
11. Veterinary clinic. [see definition]
12. Animal boarding. [see definition]
13. Brewery. [see definition]
14. Coffee roasting. [see definition]
15. Other uses? Tattoo Parlor
All of these conditional uses may be approved provided they do not create unusual
traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial
waste disposal problems; that no uses principally sell daily or frequently bought items to
the general public; and any showroom, retail, or customer service area is clearly
accessory to a permitted or approved conditional use and constitutes no more
than twenty (20) percent of the net leasable floor area.
D. Dimensional requirements. The fOllowing dimensional requirements shall
apply to all permitted and conditional uses in the Service/Commercial/Industrial (S/C/I)
zone district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Studio: 625
1 bedroom: 875
2 bedroom: 1,125
3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): No requirement
5. Minimum side yard (feet): No requirement
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet): 35
8. Minimum distance between principal and accessory buildings (feet): No
requirement
9. Percent of open space required for building site: No requirement
10. External floor area ratio: 1 :1. May be increased to 2:1 provided
additional floor area is shop craft industry or residential uses only.
11. Internal floor area ratio: No requirement
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E. Off-street parking requirement. The following off-street parking
spaces shall be provided for each use in the SeniicelCommercialllndustrial (SCI)
zone district, subject to the provisions of Chapter 26.32.
1. Residential uses: Two (2) spaces/dwelling unit. One (1)
space/dwelling unit is required if the unit is either a studio or one-bedroom unit.
Fewer spaces may be provided pursuant to Chapter 26.60. Fewer spaces may be
provided by special review pursuant to Chapter 25.64 for historic landmarks only.
2. All other uses: 1.5 spaces/1,OOO square feet of net leasable area.
(Ord. No. 9-1992, 9 1; Ord. No. 22-1995, 96; Ord. No. 37-1996, 94; Ord. No. 38-1996,
92: Code 1971, 95-211)
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EXHIBIT C
SUMMARY OF USES AS DISCUSSED IN THE JANUARY 6, 1998, HEARING
note: These uses have not been voted on yet and may be further discussed if
the Commssioners or Public desires.
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Uses Existing Proposed
Zoning Zoning
Building materials, components, and P***** p
equipment fabrication, sales, rental, repair,
and servicing with up to 100% of the floor
area devoted to retail or customer service
use.
Household appliance, equipment, & furniture P ***** P
rental and repair ,
Electronics, Computers, and
Telecommunication Equipment
manufacturing p p
Computer sales - ***** C
rental - C
repair, servicing p p
Autos and Motorcycles
sales P C
, rental - C
repair, servicing, detailing P ***** P
washing facility P C
Sporting goods
manufacturing, repair, and servicing P P
sales and rental - C
Clothing and Shoes
manufacturing, repair, alteration, and - P
tailoring
rental - C*****
Animals:
, Grooming - P
s. *****
Veterinary clinic C , C
Animal Boarding - C
Sewing Supply . P
Typesetting, printing, p\JIsIi!lI""~ . P P
Photo Processing Laboratory with no retail or - C *****
customer service area
Commercial bakery P P
Shop craft industry and Supply P P
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Artist's Studio , p p 15
Tattoo Parlor - C ***** 6
Architect Studio P ***** ***** G
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Consignment sales of second-hand clothing, sporting *****
goods, or furniture with up to 100% of the floor area G
devoted to retail or customer service area.
Home Occupations P P '<
Brewery - C 0
Brewing Supply - P U
Coffee Roasting , - C C.
Coffee Roasting Supply - P v
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Rehearsal or Teaching studio for creative, C ***** C
performing and/or martial arts not genrally recieving
the public and with no public performances (dance
studio, martial arts studio) ,
Locksmith , - P 'P
Post Office - P l'
Warehousing and Storage , P P 1"
Service Yard - P i'
Accessory Buildings and Uses P P f
Gas Station C C C/
Laundromat C C ***** G
Commercial Dry Cleaning and Laundry P C v
Recycling Center - , C ~
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Residential Uses:
Dwelling unit accessory to an artist studio P -
Affordable dwelling unit accessory to any P -
permitted use
Free-market dwelling unit accessory to any C -
permitted use other than artist studio
Studio, one (1) bedroom, or two (2) bedroom - P *****
residential dwelling unit(s) accessory to a permitted ,
use, meeting the current net minimum livable square
footage requirements for newly deed restricted
affordable housing units (as defined by the
Aspen/Pitkin County Housing Authority), located
entirely above natural or finished grade, whichever is
more restrictive, and entirely above any non-
residential use within the structure, deed restricted to
affordable, housing guidelines for Categories 1,2, or
3;
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P = Permltte,d Use C = Conditional Use
***** Represents items needing further discussion or staff explanation
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EXHIBIT 0
PHYSICAL DIMENSIONS
DIMENSION EXISTING PROPOSED
ZONING ZONING
Minimum lot Size , 6,000 sJ. 6,000 sJ. *****
Lot area per dwelling unit: 6,000 -
9,000 sJ. lots
Studio 1000
One bedroom 1200
Two bedroom 2000
, Three bedroom 3000
over three bedroom 1000 per
bedroom
Lot area per dwelling unit for 9,000+
sJ. lots
Studio 1000
One bedroom 1250
Two bedroom 2100
Three bedroom 3630
over three bedroom one bedroom
plus 1000 s.f. of
lot area
Lot area per dwelling unit
Studio 625
One bedroom 875
two bedroom 1125
Minimum lot width no requirement no requirement
Minimum front yard 20' from arterial no requirement
streets (Mill and
Spring), 10'
from all other
streets
Minimum side yard no requirement no requirement
Minimum rear yard no requirement no requirement
Maximum height I 32 feet 35 feet
Minimum distance between principal no requirement no requirement
and accessory buildings
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Percent Open Space , 25% no requirement
External Floor Area Ratio (FAR) 1:1 1:1. May be
increased to 2:1
provided all
additional floor
area is for
residential uses
only
Internal FAR no requirement no requirement
Off-Street parking required
Residential 1 space per 1 space per
bedroom or two bedroom or two
per unit. May per unit. May be
lower for ADUs lowered through
only Special Review or
Conditional Use
, *****
All other uses 3 per 1000 s.f. 1.5 per 1000 s.f.
net leasable net leasable
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
Stan Clauson, Community Development Director" 50:.-,1.q,itof
Julie Ann Woods, Deputy Directorr r I l'
Christopher Bendon, Planner CiA WJ
Service Commercial Industrial Zone District (SCI)
Code Amendment (public hearing continued from Nov. 18, 1997)
THRU:
FROM:
RE:
DATE:
January 6, 1998
SUMMARY:
The Community Development Staff is proposing changes to the Service
Commercial Industrial Zone District to bring it into greater conformance with its
intent as originally envisioned. There are two main components of the revisions
that need to be considered; uses and physical dimensions. Staff is suggesting the
Planning and Zoning Commission address the appropriate uses in this meeting
and consider physical changes in a follow-up meeting.
Staff s intent with the changes is to encourage and preserve uses and activities
that normally occur in towns and cities but which have difficulty competing
against the higher rents of downtown Aspen, and which may not be appropriate
for the commercial core due to on- and off-site impacts. These uses
(manufacturing, repair, shop crafts, etc.) are under threat of being priced out by
the presence of, or potential development of, high-end retail, office uses, and free-
market homes.
The intent of the district suggests that restaurants, retailers, offices, and other
high-traffic types of uses belong downtown in the CC, C1, 0, and possibly the
NC and L TR districts. Uses that are oriented more to the manufacturing and
servicing of consumer goods with a limited amount of customer traffic and which
may be inappropriate for a downtown location should be permitted in this district.
Staffhas proposed changes to the wording of this intent statement. The Planning
and Zoning Commission should consider whether or not this language is
appropriate.
Staff has also tried to envision uses that may be appropriate and desirable in this
area of town. Included in this list are affordable housing units accessory to
permitted uses for which the FAR may be increased. The current dimensional
requirements do not encourage developers to mitigate on-site. Staff believes
providing housing on-site would meet community-wide goals and would be very
beneficial to everyone involved. The Planning and Zoning Commission should
consider whether or not affordable housing should be a permitted or conditional
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use. Also, should higher Category, RO, or Free-market units be allowed or
allowed proportionally with lower Categories? Ii'so, as permitted or conditional
uses?
Replaced in the list of permitted uses is the Artist Studio but without the optional
residential unit. As mentioned in the prior hearing, the demand for free market
housing in this town may lead to artistic interpretations of what an artist is and
does. Development of free-market housing, in turn, could raise lease rents above
reasonable levels for the permitted uses. Staff believes this would be contrary to
the intent of the zone district. Staff believes that housing should compliment the
permitted uses and encourage the SCI businesses to remain in town. the
Commission should also know that it was never the intention of staff to eliminate
artists from this zone district or from the City of Aspen as may have been
interpreted in the prior hearing. Staff understands the important role art plays in
the character and identity of Aspen and is interested in preserving and promoting
these uses. Staff does believe, however, businesses that function as offices, serve
an everyday type of need, or have a higher level of traffic may be more
appropriate downtown regardless of the business' artistic qualities.
Staff has also suggested businesses in the SCI be allowed a small amount (20%)
of retail or customer service area. Many of the businesses that manufacture or
repair consumer goods also sell repair kits, reconditioned goods, etc. For example,
an alteration shop may have sewing supplies, a vacuum repair shop may have
reconditioned models for sale. This is not meant to create another retail area of
town, but to allow for accessory customer service areas that compliment permitted
uses without becoming the primary focus of the business. The Commission should
consider whether or not this amount (20%) is appropriate and whether it should be
a permitted land use, conditional, or not allowed. The Commission should realize
the current definition of Artist's Studio precludes the reception of the public and
retail activities.
. It is important to understand that there are uses in the SCI that are currently not
permitted and that these code revisions will not confer protection for them as a
non-conforming use. Many of the uses contrary to the intent ofthe district are
there either through changes which did not require permits, creative
interpretations of the district's intent, or through evolution of the business' profile.
These uses that are currently prohibited may be treated as any other prohibited
land use with a range of options that may include an immediate cease and desist
order, a grace period to comply with the zoning, or the ability to continue. City
Council will have to make a decision regarding these uses.
These amendments may need to be followed by minor amendments to other
sections which may be affected, such as the definitions section. Other zone
districts may also be amended to accept uses that are transferred from the SCI
Zone.
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Staff recommends the Planning and Zoning Commission consider and come
to some agreement on the appropriate permitted and conditional uses for this
zone district and then continue the public hearing to January 20th. Staff will
present the proposed physical changes to the zone district at this later
meeting.
ApPLICANT:
City of Aspen.
LOCATION:
There are two main areas in town zoned SCI; The Puppy Smith and Mill Street
intersection (Post Office, etc.) and the East Bleeker Street area below the Concept
600 Condominiums.
CURRENT AND PROPOSED ZONING TEXT:
Attached to this memo is the proposed revisions to the Zone District text. ExhibitA
contains the existing text. Exhibit B contains the proposed text.
CURRENT AND PROPOSED LAND USES:
Attached to this memo as Exhibit C is a summary of the current and proposed
land uses as permitted and conditional.
PREVIOUS ACTION:
The Planning and Zoning Commission held a worksession on the topic October
21, 1997. A public hearing was opened on November 18, 1997, and continued to
this date. No action was taken.
REVIEW PROCEDURE:
Code amendments are recommended for approval, approval with conditions, or
denial by the Planning and Zoning Commission at a public hearing and then
approved, approved with conditions, or denied by City Council at a public
hearing.
STAFF COMMENTS:
The AACP and land use regulation reflect the community's desire to protect a
sense of place and identity. Although much of the attention has traditionally been
placed upon new growth as the major factor in affecting change, it is also the loss
of local oriented businesses and an inability to retain a "critical mass" of the
workforce in town which are major concerns.
Staff is suggesting that if a service/industrial area of town is desired by the
community, the way to encourage those land uses is to disallow land uses which
encourage real estate speculation and intense retail uses which may inflate lease
rates above reasonable levels for the desired uses. This area of town, however,
will never be all things to all people. The community has long determined that it
will not address demand with more supply. The demand for lower lease rates, and
the pressure on this area of town to up-zone, may always be present.
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RECOMMENDATION:
For this meeting, the Commission should concentrate on the permitted and
conditional usesappropriate for this zone district. Are the proposed permitted and
conditional uses appropriate? Is the range of uses too wide, too narrow? Are
there other uses existing or otherwise that should be discussed? The Commission
should then continue the public hearing to January 20th to consider physical
changes to the district and make a final recommendation to Council.
RECOMMENDED MOTION:
"I move to continue this public hearing for Amending the SCI Zone District to
January 20, 1998, and direct staff to make the following changes to the proposed
uses:
"
ATTACHMENTS:
Exhibit A -- Existing Text
Exhibit B Proposed Text
Exhibit C -- Summary of Permitted and Conditional Uses
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EXHIBIT A
EXISTING TEXT
26.28.160 Service/Commercial/Industrial (S/C/I).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I)
zone district is to allow for the use of land for the preservation or development of
limited commercial and industrial uses which do not require or generate high
customer traffic volumes, and to permit customary accessory uses, including
residential dwelling units.
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/C/I) zone district.
1. Limited commercial and industrial uses including the following and
similar uses: Vehicle sales; appliance and equipment rental, storage and repair;
automobile repair; automobile washing facilities; electrical and plumbing service
shops; commercial bakery; computer product sales and services; limited
industrial uses including: Builder's supply, industrial dry cleaning plant and
laundry, fabrication and repair of building materials and components,
lumberyards, manufacture and repair of electronics or sporting goods, printing
and publishing plants, telecommunications supply, typesetting, warehousing and
storage, shop-craft industry and similar uses, artists' studios with optional
accessory dwellings. All of these uses are permitted provided they do not create
unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare
or industrial waste disposal problems, and provided that no permitted uses
principally sell daily or frequently bought items to the general public;
2. Accessory residential dwellings restricted to affordable housing
guidelines;
3.
4.
Home occupations; and
Accessory buildings and uses.
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EXHIBIT B
PROPOSED TEXT
26.28.160 Service/Commercial/Industrial (S/CII).
A. Purpose. The purpose of the Service/Commercialllndustrial (S/C/I) zone
district is to allow for the use of land for the preservation or development of limited
commercial and industrial uses which do not require or generate high customer traffic
volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of
consumer goods; and have a limited showroom, retail, or customer service area; to
permit artist's studios and shop craft industries; and, to permit customary accessory
uses, including affordable residential dwelling units accessory to permitted uses.
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/CII) zone district:
1. Building materials, components, and equipment, fabrication, sales, rental, repair,
and servicing' with up to 100% of the floor area devoted to retail or costomer
service use.
2. Rental and repair of household appliances, equipment, and furniture.
3. Manufacture, repair, and servicing of electronics and sporting goods.
4. Manufacture, repair, alteration, and tailoring of clothing and shoes.
5. Sewing supply.
6. Typesetting, printing, publishing, photo processing, or photography studio
7. Commercial bakery.
8. Shop-craft industry and supply.
9. Brewing supply, coffee roasting supply.
10. Florist.
11. Artist's Studio.
12. Rehearsal or teaching studio for the creative, performing, and/or martial arts;
13. Locksmith.
14. Post Office.
15. Animal grooming (cl.~Ji,nitiO'rt), animal supplies.
16. Warehousing and storage.
17. Service Yard accessory to a permitted use.
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18. Studio, one (1) bedroom, or two (2) bedroom residential dwelling unites)
accessory to a permitted use, meeting the current net minimum livable square
footage requirements for newly deed restricted affordable housing units (as
defined by the Aspen/Pitkin County Housing Authority), located entirely above
natural or finished grade, whichever is more restrictive, and entirely above any
non-residential use within the structure, deed restricted to affordable housing
guidelines for Categories 1,2, or 3;
19. Home occupations.
20. Accessory buildings and uses.
All of these uses are permitted provided they do not create unusual traffic hazard, noise,
dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems,
and provided that no permitted uses principally sell daily or frequently bought items to
the general public, and any showroom, retail, or customer service area is clearly
accessory to a permitted use and constitutes no more than twenty (20) percent of the
net leasable floor area.
C. Conditional Uses. The following uses are permitted as conditional uses in
the Service/Commercial/ Industrial (S/CII) zone district, subject to the standards and
procedures established in Chapter 26.60.
1. Gas station;
2. Automobile and motorcycle sales, rental, repair, servicing, or washing facility.
3. Sales and rental of electronics, sporting goods, clothing, or shoes.
4. Laundromat or industrial dry cleaning;
5. Recycling center. (Df#fifJ.(tj,on)
6. Above-ground fuel storage tanks.
7. Veterinary clinic. (Defiflitio'h)
8. Animal boarding. (Df#finition)
9. Brewery.(definilion)
10. Coffee roasting. (Df#finit/7fff)
All of these conditional uses may be approved provided they do not create unusual
traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial
waste disposal problems, and provided that no uses principally sell daily or frequently
bought items to the general public, and any showroom, retail, or customer service area
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C. Conditional Uses. The following uses are permitted as conditional
uses in the Service/Commercial/Industrial (S/C/I) zone district, subject to the
standards and procedures established in Chapter 26.60.
1. Full-service gas station;
2. Dance studio;
3. Martial arts studio;
4. Dwelling unit accessory to permitted uses other than artists studio;
5. Catalogue sales store;
6. Laundromat;
7. Photography studio;
8. Above-ground fuel storage tanks; and
9. Veterinary clinic.
D. Dimensional requirements. The following dimensional requirements
shall apply to all permitted and conditional uses in the
Service/Commercial/Industrial (S/C/I) zone district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
For artist's studios with accessory residential dwelling units and for
other accessory dwelling units on lots between 6,000 and 9,000 square feet, the
following square feet requirements apply:
Studio: 1,000
1 bedroom: 1,200
2 b,edroom: 2,000
3 bedroom: 3,000
Units with more than 3 bedrooms: One (1) bedroom per
1,000 square feet of lot area.
For artist's studios with accessory residential dwelling units and for
other accessory dwelling units on lots more than 9,000 square feet, the following
square feet requirements apply:
Studio: 1,000
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1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: One (1) bedroom plus
1,000 square feet of lot area.
3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): 20 from right-of-way lines of arterial
streets (Mill & Spring), 10 from all other streets.
5. Minimum side yard (feet): No requirement
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet): 32
8. Minimum distance between principal and accessory buildings
(feet): No requirement
9. Percent of open space required for building site: 25
10. External floor area ratio: 1:1
11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking
spaces shall be provided for each use in the Service/Commercial/Industrial (SCI)
zone district, subject to the provisions of Chapter 26.32.
1. For single-family and duplex residential use and multi-family use:
two (2) spaces/dwelling unit. Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for historic landmarks only, and fewer spaces may be
provided pursuant to Chapter 26.60 for accessory dwelling units only. One (1)
space/dwelling unit is required if the unit is either a studio or one-bedroom unit.
2. Residential uses: 1 space/bedroom
3. All other uses: 3 spaces/1 ,000 square feet of net leasable area.
(Ord. No. 9-1992, ~ 1; Ord. No. 22-1995, ~ 6; Ord. No. 37-1996, S 4; Ord. No.
38-1996, ~ 2: Code 1971, ~ 5-211)
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is clearly accessory to a permitted or approved conditional use and constitutes no more
than twenty (20) percent of the net leasable floor area.
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Service/Commercial/lndustrial (S/C/I)
zone district. ,~
1. Minimum lot size (square feet)~'(-,::~i'./~~
2. Minimum lot area per dwelling unit (square feet):
Studio: 625
1 bedroom: 875
2 bedroom: 1,125
3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): No requirement
5. Minimum side yard (feet): No requirement
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet): 35
8. Minimum distance between principal and accessory buildings (feet): No
requirement
9. Percent of open space required for building site: No requirement
10. External floor area ratio: 1: 1. May be increased to 2: 1 provided additional
, at
floor area is::Si'io'p~1haOW:Y=<ll: residential uses only.
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11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking spaces
shall be provided for each use in the Service/Commercial/Industrial (SCI) zone district,
subject to the provisions of Chapter 26.32.
1. Residential uses: Two (2) spaces/dwelling unit. One (1) space/dwelling
r \~")ih"'!, .., unit is required if the unit is either a studio or one-bedroom unit., f,ewer spage~may be ",'Q
\ ~ ~~t~' prQ)/k!edpursuant to Ghapter 26.'60. Fewer spaces may be provided by special review
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", pursuant to Chapter 25.64 for historic landmarks only.
2. All other uses: 1.5 spaces/1,000 square feet of net leasable area.
(Ord. No. 9-1992, S 1; Ord. No. 22-1995, S 6; Ord. No. 37-1996, S 4; Ord. No. 38-1996,
S 2: Code 1971, S 5-211)
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EXHIBIT C
SUMMARY OF USES
Uses Existing Proposed
Zoning Zoning
Building materials and components
fabrication p p
sales p p
rental P p
repair and servicing p p
Household appliance & equipment
rental P *
repair P *
Household appliance, equipment, & furniture
rental * p
,
repair * p
Electronic" lilRS 813sl'1:il'l!j <2B~.Jc;_
.... \' tv- manufacturing p p
sales - C
rental - C
repair, servicing p p
Autos and Motorcycles
sales P C
rental - C
1.bJ...:~. repair, servicing p 7'P
v washing facility p C"JI L
Sporting goods
manufacturing p p
repair / servicing p p
sales - C
rental - C
Clothing and Shoes
manufacturing - p
repair - p
alteration and tailoring - p
-
rental - C
Animals:
Grooming - p
Supplies - p
Veterinary clinic C C
Animal Boarding - C
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Cl
Sewing Supply ~....) - P
Typesetting, printing, publishing P P
Photo processing wi V\O ~~ aA'tli10 alf/A - ,~
, c+o ,,-l;,, (" A'
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Commercial bakery P P
Shop craft industry and Supply P P
Artist studios with optional accessory P *
r dwellings
Artist's Studio P P
r Accessory residential dwellings C *
.
Dwelling unit accessory to permitted uses C *
other than artist studios
Affordable housing accessory to any * P
permitted use ,,~
Catalogue sales store P -
Home Occupations P P
Brewery - C
Brewing Supply - P
Coffee Roasting - C
Coffee Roasting Supply - P
~
Rehearsal or Teaching studio for creative, - C-
O' performing and/or martial arts
;.,.
Dance studio C P*
Martial arts studio C P*
Locksmith - P
Post Office - P
Warehousing and Storage P P
Service Yard (accessory) - P
Accessory Buildings and Uses P P
Gas Station C C
Laundromat C C
Industrial Dry Cleaning and Laundry P C
Recycling Center - ..Jt-C-
Above ground fuel storage tanks C C
Plumbing service shops P P*
Computer sales and service P P*
Lumberyards P , P*
Telecommunication supply P P*
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P = Permitted Use C = Conditional Use
* = Accommodated under another definition (Staff will explain)
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MEMORANDUM
FROM:
Stan Clauson, Community Develop
Julie Ann Woods, Deputy Director
TO:
THRU:
Christopher Bendon,P1anner
RE:
Service Commercial Industrial Zone District (SCI)
Code Amendment (public hearing)
DATE:
November 18, 1997
SUMMARY:
The Community Development Staff is proposing changes to the Service
Commercial Industrial Zone District to bring it into greater conformance with its
intent as originally approved by the Planning and Zoning Commission and City
Council in 1992. Staff s intent with the changes is to encourage and preserve uses
and activities that normally occur in towns and cities but which have difficulty
competing against the higher rents of downtown Aspen, and which may not be
appropriate for the commercial core due to on- and off-site impacts. These uses
(manufacturing, repair, shop crafts, etc.) are under threat of being priced out by
the presence of, or potential development of, high-end retail, office uses, and free-
market homes.
,.
It is important to understand that there are uses in the SCI that are currently not
permitted and that these code revisions will not confer protection for them as a
non-conforming use. Many of the uses contrary to the intent of the district are
there either through changes which did not require permits, creative
interpretations of the district's intent, or through evolution of the business' profile.
These uses that are currently prohibited may be treated as any other prohibited
land use with a range of options that may include an immediate cease and desist
order, a grace period to comply with the zoning, or the ability to continue.
The intent of the district suggests that restaurants, retailers, offices, and other
high-traffic types of uses belong downtown in the CC, C1, 0, and possibly the
NC and LTR districts. Uses that are oriented more to the manufacturing and
servicing of consumer goods with a limited amount of customer traffic and which
may be inappropriate for a downtown location should be permitted in this district.
Staff has also tried to envision other uses that may be appropriate and desirable in
this area of town. Included in this list are affordable housing units accessory to
permitted uses for which the FAR may be increased. The current dimensional
requirements do not encourage developers to mitigate on-site. Staff believes
providing housing on-site would meet community-wide goals and would be very
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beneficial to everyone involved. Uses that fit with the intent of the zone district
but which may have some impacts necessitating mitigation have been included as
conditional.
Notably missing from the list of uses recommended by staff are the Artist's studio
and optional accessory dwelling. Staff feels that Art is too vague of a concept to
define as a use and has been misinterpreted to allow almost any use. The art of
selling properties, of managing a busy office, of thinking, of skiing, of balancing a
checkbook should not be rewarded with a free-market home which drives up
property values and forces a person who fixes toasters for a living to move down
valley. Staff also believes that government should not be in the business of
defining art but should be more interested in how a business functions. In this
regard, the shop craft industry definition may be more suited to describe the
original intent of allowing a person who is crafting, sculpting, painting" or
throwing a pot to do so in town. Businesses that function as an office, serve an
everyday type of need, or have a higher level of traffic may be more appropriate
downtown regardless of the business' artistic qualities.
Also missing from this list are the second-hand consignment shops. Staff was
mixed on this issue. These shops certainly enhance community character. They
do, however, create a higher level of traffic than most of the permitted uses and
have a tendency to evolve into more intensive retail and commercial stores.
While these are some very interesting and lively places, they might be more
appropriate in the downtown zone districts.
These amendments will need to be followed by minor amendments to other
section which may be affected, such as the definitions section. Other zone
districts may also be amended to accept uses that are transferred from the SCI
Zone.
Staff recommends the Planning and Zoning Commission study the issues and
forward a recommendation to City Council approving the proposed code
amendments. However, staff notes that this is a complex issue that will
potentially affect several property owners and current tenants. Their issues
should be discussed and some resolution offered with respect to their current
and potential status.
ApPLICANT:
City of Aspen.
LOCATION:
There are two main areas in town zoned SCI; The Puppy Smith and Mill Street
intersection (Post Office, etc.) and the East Bleeker Street area below the Concept
600 Condominiums. Please refer to the attached maps.
CURRENT ZONING TEXT AND LAND USES:
Attached to this memo is the current text of the SCI Zone District and a summary
of the current tenants and existing land uses.
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PROPOSED ZONING TEXT:
Attached to this memo is the proposed revisions to the Zone District text. Both a
stf*e bold version and a plain text version have been included.
PREVIOUS ACTION:
The Planning and Zoning Commission held a worksession on the topic October
21,1997. No action was taken.
REVIEW PROCEDURE:
Code amendments are recommended for approval, approval with conditions, or
denial by the Planning and Zoning Commission at a public hearing and then
approved, approved with conditions, or denied by City Council at a public
hearing.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." Strike
bold text and plain text of the proposed changes have been included as Exhibit
"B." Maps of the area and a list of current tenants has been included as Exhibit
"C."
Conventional land use and zoning theory is based on a real estate market that
supports the prescribed use of land. Zone districts which allow more intensive
uses are expected to discourage less intensive uses based solely on an investment
efficiency or return value. In theory, industrial uses bare a higher return than
commercial uses which return more than residential uses. Land uses are,
therefore, prescribed by paring down the range of uses allowed in the zone
district.
Single-Family
SF, Duplex
SF, DP, Multi-Family
SF, DP, MF, Lodge
SF, DP, MF, LG, Commercial
SF, DP, MF, LG, Com, Light Industrial
SF, DP, MF, LG, Com, LI, Heavy IndustriaI
Industrial land uses are created by permitting all uses, commercial by excluding
industrial, multi-family by excluding commercial, single-family by excluding
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multi-family. When the assumption of the highest return being from the most
intensive use hold true, single-family homes are rarely seen in industrial or
commercial zones.
Between the resort economy, the second-home real estate market, limited
development allotments, vastly differing mitigation requirements for residential
and commercial development, employees living mostly downvalley, and a desire
to recover real estate investments quickly rather than over a longer period oftime,
the underpinnings of conventional land use theory don't apply as cleanly to
Aspen. Single-Family and duplex uses, which gain land use approval more easily
and provide quick investment returns, are often preferred by developers over
more intense uses which take longer to recover initial investments and have a
more intense public review and higher mitigation costs. This has been the
experience in the RMF, C1, 0, LTR zones, and to a limited extent the CC zone. It
is as if the market and our development controls have caused the triangle to flip.
The AACP and land use regulation reflect the community's desire to protect a
sense of place and identity. Although much of the attention has traditionally been
placed upon new growth as the major factor in affecting change, it is also the loss
oflocal oriented businesses and an inability to retain a "critical mass" of the
workforce in town which are major concerns.
Staff is suggesting that if a service/industrial area of town is desired by the
community, the way to encourage those land uses is approach the triangle as ifit
were upside-down. Otherwise those desired land uses cannot compete against the
real estate speculation for free-market residential development. Also, if on-site
employee mitigation is desired by the community, dimensional requirements
should encourage developers in that direction.
RECOMMENDATION:
This is a complex issue and one that may shape the approach to other zone
districts. Commission members may wish to concentrate on the following three
main aspects of this zone district amendment:
1) Are the uses proposed appropriate? Is the range of uses too wide, too narrow?
Are there other uses existing or otherwise that should be discussed?
2) What should be done with uses that currently are not allowed? What about
uses that become non-conforming with code amendments? Ifuses are given a
time-frame for compliance, what would be an appropriate time?
3) Are the physical dimensions, parking standards, etc. appropriate for this area?
Do they encourage/discourage the desired uses?
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RECOMMENDED/ALTERNATIVE MOTIONS:
"I recommend City Council amend the Service Commercial Industrial Zone
District as proposed by Staff in the memo dated November 18,1997."
"I recommend City Council amend the Service Commercial Industrial Zone
District as proposed by Staff in the memo dated November 18, 1997, and as
amended by the Commission during the public hearing in the following manner:
"
"I recommend continuing the public hearing to amend the SCI Zone District to
(date) and direct staff to consider the following:
"
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Proposed Text
Exhibit C -- Area Maps and Current Tenants
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Exhibit A
STAFF COMMENTS: Text Amendment
Section 26.92.020, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text ofthis Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this title.
Staff Finding:
The proposed code amendment intends to preserve and enhance the purpose of the zone
district by carefully defining those uses that will benefit the entire community, including
affordable housing to offset the generation of employees, and hopefully lessen the
ambiguity of the current text.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the zone district are supported by the AACP. Preventing
the departure oflocal service and light industrial businesses by excluding uses that
encourage real estate speculation and higher lease rates is a goal of the greater
community. IdentifYing and encouraging the preservation and development oflight
industrial and service uses that benefit the community may reduce the necessity to drive
downval1ey. Encouraging small, private sector infill development of affordable housing
accessory to employee generating uses, located on-site, in and near desired activity and
employment centers preserves open and rural areas and sustains the "critical mass"
essential to the character ofthe community.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing iand use and neighborhood characteristics.
Staff Finding:
The SCI zone seems to work well in the current locations. Both areas are centrally
located close to downtown where services may be accessed by pedestrians, delivery
access is convenient, and accessory housing will be near employment opportunities,
recreational resources, and convenient to shopping. The increased amount of employee
housing that can be built on-site can be accommodated within the characteristics of the
surrounding neighborhood. The amount of residential density allowed is not anticipated
to create any conflicts with surrounding land uses and densities.
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D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
The proposed changes should, if interpreted and enforced correctly, generate the same
number or fewer trips. Additional housing opportunities within walking distance to
employment, recreation, retail, and essential services could reduce the need for everyday
driving.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not limited
to, transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Staff Finding:
The types of uses and densities within already established urban areas are not expected to
create abnormal demands on public facilities. Development proposals may be evaluated
on a individual basis through the growth management review process.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
StaffPinding:
The areas of the city zoned SCI are within the urban core and have been developed for
some time. Preventing downvalley migration of light industrial and service businesses
and encouraging the business owners to provide employee housing on-site may actually
prevent adverse impacts on the natal environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
One of the most profound differences between Aspen and other mountain resort towns is
its history as a "real" town. Although ,there are continual challenges to the original
theme, Aspen is not merely a real estate development accessory to a resort economy, it is
a town.
Extremely important to the residents of this community is the preservation ofthis town's
character as separate and distinct from a Vail or Snowmass Village character. While it
may seem a silly thing to celebrate, the ability to get a vacuum cleaner fixed in town is
important. The day that the vacuum cleaner repair shop becomes an upscale boutique or
a second home, the town is less Aspen and more Vail.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding:
There are continual attempts to interpret the artist studio, living unit accessory to an artist
studio, and home occupation language of the current zone district text. The original
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intent of this zone district was to provide space for and to encourage the actual physical
creation of art, with a residence as an accessory use. Through creative interpretations and
relaxed enforcement of this original intent, the real estate community has taken this to
mean single-family homes for those who may be creative.
Also this intent has been taken to mean offices for professions which may have a creative
aspect to them. While there may very well be a creative component to virtually any
profession, those uses may be more appropriate in the Office, Neighborhood Commercial,
Commercial, or Commercial Core zone districts.
J. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title.
StaffFinding:
This proposed amendment does not pose any conflicts with the public interest. Staff has
tried to identifY uses which are appropriate and desirable in this area of town and further
specify those uses which may have potential off-site impacts as conditional.
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Following are the proposed changes to Section 26.28.160 of the Municipal Code.
Strikethrough indicates language to be removed, bold indicates language to be added.
26.28.160 Service/Commercialllndustria1 (S/CIl).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/CIl) zone
district is to allow for the use of land for the preservation or development of limited
commercial and industrial uses which do not require or generate high customer traffic
volumes; are primarily oriented to the manufacturing, repair, storage, and servicing
of consumer goods; and hav~ a limited showroom, retail, or customer service area;
to permit shop craft industries; and to permit customary accessory uses, including
affordable residential dwelling units accessory to permitted uses.
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercialllndustrial (S/C/I) zone district.
1. Limited commercial. and iadastrial. uses incladill.g the f-ellowing and
simil8i' uses: Vemele sal.es; appliance and equipmeRt rental., storage aRd repair;
automobile repair; automobile washiRg facilities; electrical. and plurnlJing service shops;
commercial bakery; computer product sales and services; limited industria! uses
incladiag: BaUder's sUflply, ill.dustrial dry cleaRill.g plant and laIDuky, fabricatioll. and
repair of buildill.g material.s aIld componell.ts, lumllerY8i'ds, manufacture aIld repair of
electronics or sportill.g goods, prill.ting and publishing plants, telecommunications sUflply,
tYflesetting, .,varehousing <Hid storage, shop craft iHoostry aIld similar uses, artists' studios
'.yith eptiol'lftl. accessory dwelliags. .^JI of these uses are permitted provided they do not
create anusua1 ITa-ffic haz8i'd, Hoise, dust, fumes, odors, smoke, vapor, vibratioll., glare or
ill.oostrial. waste dispesal problems, and provided that no permitted uses principally scll
daily or freqaemll bought items to the general. public;
2. .^.ccessElry residential d-wellill.gs restricted to affordable housiag
guidelines;
3. Heme occupatiefls; and
1. <^.ccessory buildill.gs and uses.
1. Building materials, components, and equipment, fabrication, sales, rental,
repair, and servicing with up to 100% of the floor area devoted to retail or
customer,service use.
2. Rental and repair of household appliances, equipment, and furniture.
3. Manufacture, repair, and servicing of electronics and sporting goods.
4. Manufacture, repair, alteration, and tailoring of clothing and shoes.
5. Sewing supply.
6. Typesetting, printing, publishing, photo processing, or photography studio
7. Commercial bakery.
8. Shop-craft industry and supply.
9. Brewing supply, coffee roasting supply.
10. Florist.
11. Rehearsal studio for the creative, performing, and/or martial arts;
12. Locksmith.
13. Post Office.
14. Animal grooming (definition), animal supplies.
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15. Studio, one (1) bedroom, or two (2) bedroom residential dwelling unites)
accessory to a permitted use, meeting the current net minimum livable
square footage requirements for newly deed restricted affordable housing
units (as defined by the Aspen/Pitkin County Housing Authority), located
entireIy above natural or finished grade, whichever is more restrictive, and
entirely above any non-residential use within the structure, deed restricted to
affordable housing guidelines for Categories 1,2, or 3;
16. Warehousing and storage.
17. Service Yard accessory to a permitted use
18. Accessory buildings and uses.
All of these uses are permitted provided they do not create unusual traffic hazard,
noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal
problems, and provided that no permitted uses principally sell daily or frequently
bought items to the general public, and any showroom, retail, or customer service
area is clearly accessory to a permitted use and constitutes no more than twenty (20)
percent of the floor area.
C. Conditional Uses. The following uses are permitted as conditional uses in
the Service/Commercial/ Industrial (S/CIl) zone district, subject to the standards and
procedures established in Chapter 26.60.
1. Fall serviee gas station;
2. Dance studio;
3. Martial arts studio;
4. D'Nelliflg URit accessory to permitted uses other than artists studio;
5. Cataleglle sales store;
6. Laillldromat;
7. PhotograpHY stlldio;
8. fJ10ye grolHld fuel storage tanks; and
9. Vetennary clinic.
1. Gas station;
2. Automobile and motorcycle sales, rental, repair, servicing, or washing
facility.
3. Sales and rental of electronics, sporting goods, clothing, or shoes.
4. Laundromat or industrial dry cleaning;
5. Recycling center. (Definition)
6. Above-groundfuel storage tanks.
7. Veterinary clinic. (Definition)
8. Animal boarding. (Definition)
9. Brewery. (definition)
10. Coffee roasting. (Definition)
All of these conditional uses may be approved provided they do not create unusual
traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial
waste disposaI problems, and provided that no uses principally sell daily or
frequently bought items to the general public, and any showroom, retail, or
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customer service area is clearly accessory to a permitted or approved conditional
use and constitutes no more than twenty (20) percent of the floor area.
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Service/Commercialllndustrial (S/C/I)
zone district. '
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
For artist's studios with accessory residential dwelling units and for other
accessory dwelling units on lets between 6,000 and 9,000 square fect, the following
square fect requirements apply:
Studio: 1,000
1 bedroom: 1,200
2 bedroom: 2,000
3 bedroom: 3,000
Units with more than 3 bedrooms: One (1) bedroom per 1,000
sEJ.uare feet of lot area.
For artist's studies with aeeessory residential d..velling units and for other
aeeessery E/-',velling units on lots more than 9,000 square feet, the follo..ving square feet
requirements apply: '
Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with mere than 3 bedrooms: One (1) bedroom plus 1,000
SEJ.Hafe feet of lot ,area.
Studio: 625
1 bedroom: 875
2 bedroom: 1,125
3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): 20 from right of way lines of artcrial streets
(Mill &- Spring), 10 from all other streets. No requirement
5. Minimum side yard (feet): No requirement
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet): ~ 35
8. Minimum distance between principal and accessory buildings (feet): No
requirement
9. Percent of open space required for building site: ~ No requirement
10. External floor area ratio: 1:1 May be increased to 2:1 provided
additional floor area is shop craft industry or residential uses only.
11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking spaces
shall be provided for each use in the Service/Commercialllndustrial (SCI) zone district,
subject to the provisions of Chapter 26.32.
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26.28.160 Service/Commercial/Industrial (S/C/I).
A. Purpose. The purpose of the Service/Commercialllndustrial (S/CII) zone
district is to allow for the use of land for the preservation or development of limited
commercial and industrial uses which do not require or generate high customer traffic
volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of
consumer goods; and have a limited showroom, retail, or customer service area; to
permit shop craft industries; and, to permit customary accessory uses, including
affordable residential dwelling units accessory to permitted uses.
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (SIC/I) zone district:
1. Building materials, components, and equipment, fabrication, sales, rental, repair,
and servicing with up to 100% of the floor area devoted to retail or costomer
service use.
2. Rental and repair of household appliances, equipment, and furniture.
3. Manufacture, repair, and servicing of electronics and sporting goods.
4. Manufacture, repair, alteration, and tailoring of clothing and shoes.
5. Sewing supply.
6. Typesetting, printing, publishing, photo processing, or photography studio
7. Commercial bakery.
8. Shop-craft industry and supply.
9. Brewing supply, coffee roasting supply.
10. Florist.
11. Rehearsal studio for the creative, performing, and/or martial arts;
12. Locksmith.
13. Post Office.
14. Animal grooming (definition), animal supplies.
15. Studio, one (1) bedroom, or two (2) bedroom residential dwelling unit(s)
accessory to a permitted use, meeting the current net minimum livable square
footage requirements for newly deed restricted affordable housing units (as
defined by the Aspen/Pitkin County Housing Authority), located entirely above
natural or finished grade, whichever is more restrictive, and entirely above any
non-residential use within the structure, deed restricted to affordable housing
guidelines for Categories 1,2, or 3;
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16. Warehousing and storage.
17. Service Yard accessory to a permitted use
18. Accessory buildings and uses.
All of these uses are permitted provided they do not create unusual traffic hazard, noise,
dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems,
and provided that no permitted uses principally sell daily or frequently bought items to
the general public, and any showroom, retail, or customer service area is clearly
accessory to a permitted use and constitutes no more than twenty (20) percent of the
floor area.
C. Conditional Uses. The following uses are permitted as conditional uses in
the Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and
procedures established in Chapter 26.60.
1. Gas station;
2. Automobile and motorcycle sales, rental, repair, servicing, or washing facility.
3. Sales and rental of electronics, sporting goods, clothing, or shoes.
4. Laundromat or industrial dry cleaning;
5. Recycling center. (Definition)
6. Above-ground fuel storage tanks.
7. Veterinary clinic. (Definition)
8. Animal boarding. (Definition)
9. Brewery. (definition)
10. Coffee roasting. (Definition)
All of these conditional uses may be approved provided they do not create unusual
traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial
waste disposal problems, and provided that no uses principally sell daily or frequently
bought items to the general public, and any showroom, retail, or customer service area
is clearly accessory to a permitted or approved conditional use and constitutes no more
than twenty (20) percent of the floor area.
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Service/Commercial/lndustrial (S/C/I)
zone district.
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1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Studio: 625
1 bedroom: 875
2 bedroom: 1,125
3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): No requirement
5. Minimum side yard (feet): No requirement
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet): 35
8. Minimum distance between principal and accessory buildings (feet): No
requirement
9. Percent of open space required for building site: No requirement
10. External floor area ratio: 1: 1. May be increased to 2: 1 provided additional
floor area is shop craft industry or residential uses only.
11. Internal floor area ratio: No requirement
E. Off-street parking requirement. The following off-street parking spaces
shall be provided for each use in the Service/Commercial/Industrial (SCI) zone district,
subject to the provisions of Chapter 26.32.
1. Residential uses: Two (2) spaces/dwelling unit. One (1) space/dwelling
unit is required if the unit is either a studio or one-bedroom unit. Fewer spaces may be
provided pursuant to Chapter 26.60. Fewer spaces may be provided by special review
pursuant to Chapter 25.64 for historic landmarks only.
2. All other uses: 1.5 spaces/1 ,000 square feet of net leasable area.
(Ord. No. 9-1992, S 1; Ord. No. 22-1995, S 6; Ord. No. 37-1996, S 4; Ord. No. 38-1996,
S 2: Code 1971, S 5-211)
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A
East Bleeker SCI Zoned Parcels
80 0
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80
160 Feet
City of Aspen
Community Development
Nov. 12, 1997
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A
North Mill Street SCI Zoned Parcels
90
o
90
180 Feet
City of Aspen
Community Development
Nov. 12, 1997
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MEMORANDUM
FROM:
Aspen Planning and Zoning Commission
Stan Clauson, Community Devel~pment Dicrectof&/
Julie Ann Woods, Deputy Director ~~ .
Christopher Bendon, Planner (jAM -
SCI and NC Zone District Worksession
TO:
THRU:
RE:
DATE:
October 21,1997
Included is a draft amendment to the Service/Commercial/Industrial (SCI) Zone District.
A copy ofthe existing zone district text and the proposed zone district text has been
provided. The areas of Aspen zoned SCI have been included on the attached map hand-
outs. Also, a listing of the current tenants and uses (as of 12/96) has been included for
both the SCI and NC Zone Districts.
The SCI is intended to encourage and preserve uses and activities that normally occur in
towns and cities but which cannot compete against the higher rents of downtown Aspen,
and which may not be appropriate for the commercial core due to on- and off-site
impacts. These uses (manufacturing, repair, shop crafts, etc.) are under threat of being
priced out by the presence of high-end retail, office uses, and free-market homes. Short
of finding space in the AABC, these uses may trickle down valley.
With these amendments Staff has taken the approach that restaurants, retailers, offices,
and other high-traffic and/or high-rent types of uses belong downtown in the CC, CI, 0,
and possibly the NC and LTR districts. Many of the non-conforming tenants, however,
are cherished by the community and are considered institutions. Some are there illegally
now and some may become non-conforming with changes to the code. There are options
ranging from evicting, amortizing, or preserving the non-conforming uses. Uses that
appear to be currently non-conforming appear with an, asterisk in the attached memo from
Sara Thomas. Uses that may become non-conforming with an amendment to the zone
district might include the architectural offices and real, estate office, the Bleeker Street
Gym, and more retail oriented uses such as the Lighting Studio.
The NC Zone appears to be working correctly and Staff does not feel there need to be
significant changes. The Commission may, however, want Staffto reconsider
dimensional requirements, additional uses, or the opportunity to construct affordable
housing as an FAR bonus. Changes that Staffhas considered are only those existing uses
which may be appropriately transferred from the SCI Zone. Most notable is the second-
hand retail and consignment businesses, and possibly the tattoo parlour.
For the SCI, Staff has tried to identify uses that benefit the coinmunity in general, but
which do not have any significant impacts as permitted. Included in this list are
affordable housing units accessory to permitted uses for which the FAR may be
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increased, along with shop craft industries. Uses that also seem to fit with the intent of
the zone district but may have some impacts necessitating mitigation have been included
as conditional.
Notably missing from the list of uses recommended by staff are the Artist's studio and
optional accessory dwelling. Staff feels that Art is too vague of a concept to define as a
use and is worried that this term may be misinterpreted to allow almost any use. The art
of selling properties, of managing a busy office, of thinking, of skiing, of balancing a
checkbook should not be rewarded with a free-market home which drives up property
values and forces a person who fixes toasters for a living to move down valley. Also,
personal services, which mayor may not be considered artistic are more appropriate
downtown. The shop craft industry definition may be more suited to describe the original
intent of allowing a bona fide artist who is crafting, sculpting, painting, or throwing a pot
to do so in town.
Also missing from this list is the second-hand consignment shops. Staffwas mixed on
this issue. These shops certainly enhance community character. They do, however,
create a higher level of traffic than most ofthe permitted uses and have a tendency to
evolve into more intensive retail and commercial store,s. While these are some very
interesting and lively places, they might be more appropriate in the downtown zone
districts.
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IRVING PLAC E
CULVER CITY
CALIFORNIA
90232
310-280.0905: T
310-280-0919: F
7 December 1997
Mr. Christopher Bendon
Aspen 1 Pitkin Community Development Department
130 South Galena
Aspen, Colorado 81611-1975
RE: SCIZoning/410-412 North Mill Street
Dear Mr. Bendon:
It has come to my attention as an owner of a condominium at the above mentioned address that there
are proposed changes in the Service, Commercial, Industrial Zone District. I have received a copy of the
proposed revisions that seems to eliminate artist's studios, and from my understanding, architect's
studios as well, from the conditional use category. I am writing to express my concern. As a founding
member of the North Mill Artist's Association which helped to pioneer a broader vision of the SCI zone in
Aspen, I am quite aware of the historical context that provided the need and desire for the original
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CULVER CITY
CALIFORNIA
90232
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310-280-0919: F
7 December 1997
Mr. Christopher Bendon
Aspen 1 Pitkin Community Development Department
130 South Galena
Aspen, Colorado 81611 -1975
RE: SCI Zoning 1410 -412 North Mill Street
Dear Mr. Bendon:
It has come to my attention as an owner of a condominium at the above mentioned address that there
are proposed changes in the Service, Commercial, Industrial Zone District. I have received a copy of the
proposed revisions that seems to eliminate artist's studios, and from my understanding, architect's
studios as well, from the conditional use category. I am writing to express my concern. As a founding
member of the North Mill Artist's Association which helped to pioneer a broader vision of the SCI zone in
Aspen, I am quite aware of the historical context that provided the need and desire for the original
change to the zone. Seeing the continued upward pressure on the real-estate of the county, I believe
the need to provide lower rent space for the creative community which often lives comfortable with other
types of service and light industrial uses is still desirable.
The Aspen that I moved to in the late 1970's provided opportunities for an exciting mix of talented
people. Skiing in the winter developed Aspen as a deslination resort, but it has been the arts, both
visual and performance, that have established Aspen as a truly special year round gathering spot in the
mountains. Those who have chosen to live and support the arts in Aspen on a continuous basis have
actively built this artistic foundation. As Aspen continually seeks to find ways to maintain the mix of
inhabitants creating an active and healthy local population, I believe il should continue to see the artistic
__~~. ._:.1... __ _ . .:.1._, __...... _~ J.l..._L ..1__'__ -' _ ___ _,_-'-, ___ ___ -'.1._ _ _ _. _ .. __ ,
River Studio Architects
'lII' lax (970) 925-8178
UllJ1213ill7
03:02 PM
1'J212
R,-.cR STUDIO ARCHIT~TS
I Wiliam Lipsey. AlA. Principal I
414 NORTH MILL STREET ASPEN. CO 81611
phone: 970925-3734 fax: 970 925-817!l
To:
FAX MEMO 12/2/97
Bob Blaich Aspen P&Z cc:Stan Clauson
Aspen Community Development
920-5439
Bill Lipsey & Linda Girvin
SCI zoning
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Sara Garton,
Fax #:
From:
Re:
This is a followup to the P&Z public meeting on the above topic that was held
11/18/97.
Our (my artist wife Linda Girvin & I) concerns are as follows:
-That Architects be unabiguously allowed to remain in this zone by
specifically including the word "Architect" as an Allowed Use. Ever since the
Greeks, Architecture has been known as "Mother of all Arts". We agree with
Bob Blaich's suggestion to include graphic designers, industrial designers, and
city plamlers. Whole libraries exist to support the argument these fields also
are "arts'. These uses are being pushed out of Aspen by high Downtown Core
rents. Our most creative professionals are under siege and need protection.
-That on-site housing associated with the above uses be Conditional. This
puts the burden of proof on the user and gives the Zoning Office a measure of
control over abuse.
-We strongly object to the proposed size limitations proposed for associated
housing. Artists, like everyone else in society enjoy varying degrees of sucess
and prosperity. It is discriminatory and prejudicial to assume that "true
artists" are (or should be) only of the "starving" variety.
No other present SCT use is limited by area so why force artists, architect's,
etc., to live in studios of such a tiny size as to preclude family and/ or
generously proportioned living spaces? Linda and I bought our space (a
considerable investment for us) with the hope that someday we could enjoy a
Live/Work environment like artists in SOHO and other places. The
proposed zoning changes would devalue our investment and not allow us to
realize our personal goals as allowed under the present zoning.
- The single most useful zoning rule to prevent erosion and high rents in the
SCI would be to ban "chains" and non-resident business owners.
We hope these concerns ring a bell and look forward to the January 6th
followup meeting.
.,
ASPEN
SNOWMASS
HERBIE HANCOCK
D:ST:~GU:SHED
ARTIST IN RESIDENCE
BOARD Of DI RECTORS,
JAMES G. FIFIELD
CHAIRMAN
JAMES HOROWITZ
PR[SIPEi"H
BILL BURWELL
VICE (HAIRM/\i\i
HAROLD THAU
V:G (I~AI,<.M^!\'
SHELLY FRIEDSTEIf\1
SECREr-ARY
DENNIS DE/v\BS
,'l.[ASiJ!Uil
DIANE ANDERSOJ\I
CHARLES CUJ\!NIFFE
KATHRYN FLECK
MiCKEY HERRON
/'AURRAY PiTT
)OHf\J" ;.>ROViNE
)01-11\1 RAM.O
ROSHZT STi\N(JEi:~
LAURA \;vEL(H
i\08ERT\A/HITE
EX OFFICIO:
TED GRENDA
MAYOR 0, S~,C'Wr"\I\SS
F. TERRY HUNT
PR(S:DI:,'..jT ,I\A
NATIONAL
ADVISORY BOARD:
!\08 GIBSON
,'AZZ AT :.:"'K'~~LN C".'!-""
DAVE GRU511\j
rOUNDfI,(,llf:' I([(C)IWS
JEAN-LOUIS
GUllHAUMCN
JAZZ iN M/\:,(I/\(
DON lUCOFF
IJ1.N\I:I)I/\
r:,
110 EAST HA".,.(M ST. sn. 104
ASPEN. COLORADO 81611
970/920~4996
fAX 970/920,9135
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Janwuy 12, 1998
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RE:CEIVl:D
JAN I 5 1998
ASPEN'
COMMUNITv ; PI I"""
, DEVELOPMENT
Ms. Sara Garton, Chair
p & Z Commission
City of Aspen
130 S. Galena St.
Aspen, Co 81611
Dear Ms. Garton:
Thank you for your time and interest in addressing modifications to permitted usages in the
City of Aspen's service & industrial core, I sincerely appreciate the challenges faced by the
p & Z commission in balancing the evolution of this area with its original intent from a
zoning perspective.
I was glad to have the opportunity to address the commission briefly at the last public
hearing on Janwuy 6, and would simply like to summarize a few key points for your
consideration as to deliberate on changes andlor modifications in permitted or conditional
usages.
. As the founder of Jazz Aspen Snowmass, I searched futilely for many years for a space
that could adequately service our festival's needs for a working studio where music
could be created freely on a 24 per day basis, 7 days a week, and, offer sufficient space to
allow for interaction with the public on a selected basis. During the 1997 JAS season,
this space, which also acts as my home, was used frequently for jam sessions and student
rehearsal space, and, privatelpublic musical functions which erulbled uS to mix
musicians with our key board members and patrons, whose support is crucial to
sustaining our education and perfonnance programs. The benefits of this space to the
hospitality function and fundraisillg I development activities of our organization cannot
be overestimated.
.
.. The condominiUln space I putchased at AndreWs- McFariin WaJrpmchased on a free
market basis, under its current status. I then proceeded to invest approximately $50,000
of personal funds to improve the space into one suitable for public activities for the
festival. It is clear that had the space been classified originally as subject to affordable
housing guidelines, the improvements would not have been practical. Similarly, should
the current spaces, through district re-zoning or modification of current guidelines,
allow purchase ouly under affordable housing guidelines, it seems certain that even my
original investment would be not be recoupable, a dismaying thought in that the
purchase was made in good faith, with no understanding of this potential re-zoning.
. 1 am sure that under the unlikely scenario I would have to sell this unit, I would be
unable to even recoup my investment under such a scenario.
...., .,....',....
ASPEN
SNOWMASS
H ERBI E HANCOCK
DISTIN(.UISHED
ARTIST IN RESIDENCE
BOARD OF DIRECTORS,
JAMESG, FIFIELD
o-i^II~MAi\'
,lAMES HOROWITZ
PRESIDu.rr
Bill BURWELL
VI([ CIAIRMA~
HA:\OLD THAU
\/I(E (!"'AIRi\ll.A,'i
SHELlY FR:EDSTEIN
SECRHi\RY
DE'~NIS D[MBS
OREMtJ~ER
DIANE ,A.NDERSO,"!
CHAIUES CUNNIFFE
~ATH RYN FLECK
/I,-,\I(;<E'( HERRON
i'v\URI~AY ?ITT
)OHN PROVII"iE
JOHN RAMO
;\.C8EIi.T STAf'-iGER
lAURA WELCH
ROBERT WH ITE
EX OFFICIO,
TED GRENDA
MAY()I~ ClI" ~e.,;n\rJ"I\I\\S
F.IERRY HUNT
Pi,~SI[)[,'i I Si,A
NATIONAL
ADVISORY BOARD:
'<'013 GiBSo.r-....r
IAZZ^I ::i'.,'U)!.~n",:::"
D,AVE GRUSIN
,ClJI\.'IlL!\(,Ri' '(LU)q)S
JEAN-lOUIS
GUILHAUMON
JAZZ Ie.,; 1'0./\:<(1/.(
DON LUCOFF
DI....v\!:DIA
t'"')
110 EAST HA~~,'\M ST. sn. 104
ASPEN. COLORADO 81611
970/920'4996
FAX 970/920,9135
~
. Finally, I would urge the P & Z Commission to consider that the area of the Andrews _
McFarlin condominiums is an utterly wtique part of Aspen's in town commercial core
landscape. I believe it would be a serious mistake by the P & Z Commission to try to
alter the pennitted usages of this area in a way that would cause current owners andlor
tenants to have to vacate the premises. This is especially true ill cousideration of the
many efforts made by these tenants to improve the area through the creation of the Art
Park.
Thank you sincerely for your time and dedication to this process.
Best regards,
Jim Horowitz,
Founder & Executive Producer
Jazz Aspen Snowmass
c:c
Chris Brendan, City of Aspen
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.,. i Cindy Christensen, 11:25 Al\-. 1.6/1/98 , Re: Memo Regarding ComuteidaI
X-Sender: cindyc@commons.ci.aspen.co,us
Date: Mon, 26 Jan 199811:25:37 -0700
To: Christopher Bendon <chrisb@ci.aspen.co.us>
From: Cindy Christensen <cindyc@ci.aspen.co.us>
Subject: Re: Memo Regarding Commercial Space at 465 North Mill
Chris: Thanks. I'll pass this on to my boss. I appreciate the info.
Cindy
At 05:15 PM 1/23/98 -0700, you wrote:
>Cindy, The video store is not currently a permitted use. The planning
>department is not proposing any changes that would affect the legal status
>of the video store. In other words, the store may already be an illegal
>use, and this may not change. There are several businesses in this area of
>town that are not permitted uses, some or all of them may also be illegal
>uses.
>
>The Planning and Zoning Commission asked the planning department to look
>into fhis zone district and bring it into greater conformance. i.e.
>enforcement. We believed that due to the number of potential illegal uses,
>that the directive should come from City Council after reviewing the
>appropriateness of the zone district language, This has been the premise
>behind the current zoning amendments.
>
>The philosophy behind the zone district does not include highly intensive
>commercial uses. This has been the intent since the early 70s. As
>currently proposed, a small amount of commercial retail space would be
>allowed. This is more permissive than in the past
>
> As a practical matter, I'm not going to propose this use become a permitted
>use. I'd rather those decisions come directly from the Planning and Zoning
>Commission.
.>
> As I told the video store owner after the last Planning and Zoning meeting,
>the most appropriate way to address the Commission and the planning
>department is to draft a letter addressed to Sara Garton and the Commission
>and copy me or Stan Clauson. This will ensure that the owner's fully
>developed thoughts are known by the Commission and are contained within the
>file. Also, the owner may verbally address the commission during the public
>hearing. The next hearing date is February 17. A copy of my memo to the
>commission should be available on the 12th. Any letter to the commission
>should be distributed by the 12th at the latest.
>
>1 encourage you or the owner of the business to contact me for further
,Printed for Christopher Bendon <chrisb@ci.aspen.co.us>
1
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Cindy Christensen, 11:25 A1VJ .l.6N98 , Re: Memo Regarding Com...erciaI
>details about the zoning. 920.5072
>
>proposed language to bring it into At 09:41 AM 23/1/98 -0700, you wrote:
>>Chris: I just read a memo from you regarding the zoning on this commercial
>>site. I work part-time in the VIDEO store that is in this building. You
>>have this stated as an existing use but not as a new permitted use. Is
>>there a reason why you would make it impossible for anyone to sell their
>>business if they wanted to? This store has been in existence for over 15
>>years. My boss is really worried about this. Can you give me any answers?
>>
>>Cindy
>>
>>
>>
>Cheers,
>Chris Bendon, City Planning
>
>
>
J:'rinted for Christopher Bendon <chrisb@ci.aspen.co.us>
2
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Linda Kays
1017 East Hopkins Avenue
Aspen, CO 81611 .
"
January 30, 1998
Re: S/C/I Zone District
Dear Ms. Kays,
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ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Thank you for your letter concerning the Service/Commercial/Industrial(SCI) Zone
District. Your letter was distributed to the members of City <;:ounc:il and the Planning and
Zoning Commission and introduced during the Planning and Zoning Commission public
hearing on January 20,1998. The hearing was continued to February 17, 1998, at 4:30
p.m. in the basement of City Hall. The Commission will re-open the public hearing and
take and consider public comments at this meeting.
The elected and appointed 'decision makers in the City of Aspen appreciate citizen
involvement in the planning process and value your opinion.
Thanks very much,
QkW) ~AttV.
Christopher Bendon, Planner
City of Aspen
PrintedonRecydetlPJper
130 SOUTH GALENA STREET' ASPEN, COLORADO 81611.1975 . PHONE 970.920.5090 .. FAX 970'.920.5439
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Sometime during the .1990/91 season a change occurred on Mill Street. The commercial
buildings across the street from the Aspen Post Office got new owners'. Now these owners,
unlike all the previous owners, are Architect's. Unlike every other Architect in this town who
does business in a Professional Service Zone these two Architects' got permission from the City
of Aspen to do busines~ in this small, very rare commercial zone. They received this permission
because unlike other Architects in this town they said they provided to this community
commercial serVices. One said he had a line of furniture he would manufacture in his new
building along with providing the usual Professional Service of Architecture. The other Architect
said he ran a mail order company along with providing Professional Services of an Architect.
Both said some percentage of their income was in fact derived from the commercial services and
assured the planning and zoning and the City Council at the time yes, in fact they intended to
continue building furniture and shipping from the very special location if they were allowed to
purchase and move in.
You Decide ...
RECEWE
oM t\ '3 ~ & Response By: ;')111'11 ('j 1J.J.i.
J~' " By Date' Jtln Dl~
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It is now 1998. I have never seen any furniture manufactured or provided to this community from
the one Architect on Mill Street. I wonder just how much income actually was derived from
providing this rare commercial s.ervice in our town. I also have heard that the mail order business
that originally accompanied the second Architect does not exist any longer. As a matter of fact
we have increased (perhaps even doubled) the number of Architects and Designers that occupy
the one space. The other building has brought in a tenant who is a retail lighting store. This
lighting store said they do repairs as well as sell lighting. Has anyone you know actually had
anything repaired at the lighting store? I wonder how much income actually comes from the
repairs?
Across the street, next to the post office the zoning is the same. We recently had a Tennant move
in who provides tlle service of Tattooing. Wow! Between here and Denver, and here and GraJid
Junction there is only one other person who does this rare and unique business. Now this is not
defined as a service covered by any zoning we have. So, how do we accomodate this business?
Call him an Artist and approve the zoning for Artist's Studio? That could work, allot oflocal's
support this rare and unique service having a home here. However, our friendly Architect's
across the street have noticed under Artist in the dictionary architecture is listed. So, now instead
of having a commercial zone for commercial use we can have professional services (if you are an
artist), occupy the very limited area's that the original zoning tried to save for commercial use.
The last time I looked (five minutes ago) theirs were 108 Architect's listed in our local yellow
pages. Now some of these have many Architect's and Designers working under the one listing.
There are seven lists for Tattooing, two in Aspen, one in Carbondale, one in Denver, one in
Boulder, one in Grand Junction, and one in Fort Collins.
There are no listings for Furniture Manufacturer's in Aspen, There are two listings for Furniture
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Designers and Custom Builders, of neither which resides at 410, nor 412 Mill Street. There is
one listing for Mail Order, I called, the lady is working out of her house in Basalt.
So, you decide, does this town need to have the little commercial space left occupied by
Architect's who are certainly artists or by the other folk who do make all of their money
providing a rare and useful service to our community who, if the architect's take over will
undoubtably have to move downvalley. Is that where you want to bring your TV, vacuum, kid's
trains, tools, microwaves etc. to get fixed? Is that where you want to take your bicycle to be
fixed? Your ski's tuned?
Perhaps your kid's could pick up the newspapers in Basalt and carry them on a bus to sell on the
Streets of Aspen. Of course your hot tub won't care if it takes 45 minutes for a repairman to get
to Aspen to look at that pump that is making all that noise. Let's really take a look at this folks
before the little we have set aside for these service's are gone forever. I ask the City Council and
the Planning and Zoning people to please take your time, dig out those old records and respond
to the need's of the community. Thanks.
Linda Kays
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01/16/1998 18:17 9709258178
RIVER STUDIO
PAGE 01
.
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RIVER STUDIO ARCHITECTS
[ WlHlam Upsey · AlA . Pr1ndpal J
.1. NOKTH MIlL STREET ASPEN. CO 8161 1
ptione: 970 92}-3734 fax: 910 9:25-8178
':ZO.9~
~
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To:
FAX MEMO 1116198
Community Development: Stan qauson, Chris Bendol'I,.
Aspen PAr?:; . Pkoase distribute to all members befpre 1/~
lJ\,~etiI\&
From:
Re:
Bill Upsey & Unda Girvin
Andrew IMcParlain . sa zoning changes
This 1& a follow-up melll() to the P&Z public meeting on the above held
116/98. We now have a clearer picture of the ~ impacts of the
proposed changes.
The two structures comprising the Andrew /McFarlain Condominiums are
unique and different nom other stnJdures in S/C/I zones In that:
1. Theae are the: 2nlI oommerdalstructurl!!S In Aspen located along the river,
bordered by the Art Park/Rugby Park and the Aspen Art Museum. Ai su.ch, it
seems inappropriate that auto service, newspaper printing presses,
commercial hakeries, gas stations, etc., be permitted uses In a I.oca.tfmildjloent
to first class natural and cultural amenities.
2- Most Andrew /McFarlain occupants mn\ and occupy their spaces. To our
Imowledse none of the other S/C/llocalions are cmzunerdal rondos, . Most of
us bought Into these buildings because excessive Commen:iaI Core ""'"
forced us out of downtown and we were looking for an affordable JDli!iI.4 of
guaranteeing our ability to work in Aspen for the long term.
3. It was a combination of the special zoning (Arlist Studio/Housing that was
$0 dearly fought for), the riv~r location, and the determination by Colm.J:l
that Architects were a Permitted Use thatattra~ the majority of buJerI to
make a major financial commitment to Andrews-McFarlain. Changirtg tbe
underlining zoning that attracted these creative local people in the 11m place
seems disingenuous and unfair. It directly threatens the investment". our
workplaces and our means of livelihood,
4. There is a "Catch 22" contained in the proposed zoning changes. l!Yefyone
who could aHord to buy condominiU1Il space in An~McFarWft,.by
definition, woUld not qualify for affordable housing. So the zon.ing ~
that are lnlended to "clean up"S/C/I will in fact creaie two buildlDpfalt of
newly <:reated non-conforming: u....... Units that wen!! purchased _
"freemarlc.et" might have to be sold as "affordable" and at a loss to the artginal
owner. Why are we are being punished for buying in good faith?
5. It is a matter of record that the Art Park - an undeniable asset - was
conceived of and t'OIlStructed by people - at their own espense - in
it:
,
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01/16/1998 18:17 9709258178
RIVER STUDIO
PAGE 02
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Anarews-McFarlaln. Another civic improvement, the rivet bank
stabilization and revegetation project WlIS a joint project between the 0Iy of
Aspen, Trout Unlimited and people in. Andrews-McFarlain, as wen: the trees
and new sidewalk between the Art Museum bridge and our structures. It
S$mIS wrong that the very citizens who lead the charge to upgrade a NIl
down and neglected part of the City are now being punished for tbeIr 61'1.I
In making civic improvements,
We appreciate the conr:emsof P&:Z relatiye to 1heS/C/I t.One. Howeft!', in
our particulat case we think the problem is that Andrews-M~arlain _been
SUIMIarily swept into the rest of S/C/I.
What to do?
. Immediate Future: That Architect Studios. (and oilier Design St'Udla8) bea
separate, unambiguous, Permitted Use in the zone ~d that.~ ~
housing (with no area or cost restrictions) be a COnditional 'tJ~ ...~ <>., fit lio
S/C/I uses. (In the 7 or 8 years that unn!$tncted a&:~ry hOusing'" Mfst8
have been allowed. in the S/C/I zone not a single misuse has oc:c:urrea to why
the urgency to rewrite the zoning?)
-Midterm Future: That P&Z direct staff to create a special SICIII A _ht
reoognizes the differences between the "normal" S/C/I and the "~"
of Andrews-McFarlain. The Permitted. ancl Q;)nditlonal. uses in th1:I 10M to
be specifically oriented more to the Meds of artists and designers and'. to
traditional Slell uses.
It is our hope to someday realize our original goal of Uvingand woddIlfJ in
beautiful $tuWO spa<!eS, in Aspen, enhonting the Roaring Fork River. We
respectfully urge you t() consider the above concerns In your fwtber
examinations and recommendations regarding SICII.
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REID & WAlDRON
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Real Estate. Rentals. Property Manallement
March 9, 1998
RECEIVED
MAR 1 0 1998
Aspen Planning & Zoning Commission
c/o Christopher Bendon, Planner
City of Aspen
130 South Galena
Aspen, Colorado 81611
ASPEN I PITKIN
COMMUNIlYDEVB.OPMENT
RE: SCI ZONING
To Whom It May Concern:
I am writing on behalf of Coates, Reid & Waldron Property Management to ask that, in
your discussion of allowable uses for SCI Zoning, you place building and property
management services in allowable uses.
We have leased space on Rio Grande Place for approximately ten years, and would like
to continue to do so. We use that space for coordinating our services to maintain
condominium association buildings and homes in Aspen. We have found this space
useful for the storage of our snow removal tractor and minor maintenance materials.
We find our in-town location very helpful. Although it would be cheaper if leased more
space at the Airport Business Center, we like the in-town location because it keeps us
from having our vehicles on the road so much.
It appears to me from reading the information on allowables from the Planning Office,
that plumbing and electrical repairs are already approved, as is a storage facility. We
hope you will continue to allow us to work out of that space as a property and
maintenance facility. It has become very difficult to find leasable space in Aspen, and
would harm our ability to operate if we were not allowed to have a maintenance office in
Aspen.
Sincerely,
~'
Michael L. sp~
President
MLS/kps
Aspen Office: 720 East Hyman Avenue. Aspen, Colorado 81611 . (970) 925-1400 . FAX (970) 920-3765
Snowmass Office: P.O. Box 6450 . Suite 113. Snowffiass Center. Snowmass VillaQe. Colorado 81615 (970) 923-4700 . FAX (970) 923-4198
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MAR 0 9 1998
--
BCS PROPER11ES
P.O. BllX5078
Aspen, CO 81612
A::;PEN / PITKIN
COMMUNITY DEVELOPMENT
March 9, 1998
ASPEN PLANNING & ZONING COMMISSION
Stan Clauson, Community Development Director
Julie Ann Woods, Deputy Director
130 Galena Street
Aspen, CO 81611
To Whom It May Concem:
I would like to suggest that many of the original uses of the SCI Zone District were far
more appropriate to the Town's needs 25 years ago than there are now, and most of
these uses now belong at the MBC or Down Valley. This is the only area in town that is
appropriate for neighborhood commercial and local retail. These uses by their nature
are vehicle-intensive (I.e., people do not ride bikes for grocery shopping and picking up
dry cleaning). This area can accommodate traffic without clogging the downtown core. If
the local neighborhood commercial is not allowed in this zone, and the proposed
Independence Pass Plaza is not built, all local retail will disappear from Aspen over the
next 10 years. As a member of the Independence Pass Plaza Committee, and a person
who has been involved in the building, leasing and management of retail property for
over 30 years, I give the Independence Project almost no probability of ever being built.
As to the building that we own on 530 E. Bleeker Street, there are 6 commercial tenants:
Aspen Paint, Aspen Electric, Coates Reid & Waldron Condominium Management &
Service Department, Aspen Branch, Main Street Quick Print and Summit Paint. All are
locally owned and operated service businesses. However, according to the proposed
uses, only Main Street Quick Print and Summit Paint are specifically allowed, and Aspen
Branch seems to be explicitly excluded. All of the others are not even included under
conditional uses.
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Aspen Planning & Zoning Commission
March 9, 1998
Page 2
If you decide to stay with the original intent of the zone, and you believe that a painter,
plumber, electrician or handyman serving condominiums and homeowners should not
be specifically allowed, I would like to suggest, however, that the following paragraph be
substituted for "Building Materials" in the paragraph on proposed penmitted uses:
"Offices, showrooms, retail space and storage space for the design,
construction, maintenance, decorating and management of homes,
condominiums and commercial buildings."
I also believe that the exclusion of specific allowances for our tenants (while allowances
were created for the tenants of other property owners such as Wright Communications,
who were not in this zone until recently), who obviously belong in this zone and have
been in this zone for a long time, is in direct violation of the equal protection clause of the
United States Constitution, and that the penmitted uses in Exhibit B proposed text are far
too limited and do not address the current needs of the community. If you were to allow
both the original uses and the uses allowed under neighborhood commercial, the zone
would evolve into one the Town really needs.
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Thank you for your consideration.
Sincerely,
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Gailen B. Smith
P.O. Box 241
Snowmass, CO 81654
March, 26 1998
RECEIVED
MAR '27 \998
Christopher Bendon
, 130 So. Galena Sl.
. Aspen, CO 81611-1975
ASPEN J PITKIN ENI
COMMUNITY DEVELOPM
Regarding new proposed ( S/CIl) zoning affecting my property at 60 I E. Bleeker,
Thank you very much for your personal time to discuss this new proposal. There are several
concerns that I have regarding this action.
I.) Any final proposal must be administered fairly between all of those in this zoning.
Currently, uses have been allowed in this zone with large numbers of daily use by
customers, company vehicles, and employees. This has become oppressive to others
within the zoning when adequate parking accommodations are not met by these few.
2. ) You say on page two of Exhibit C "no permitted uses principally sell daily or
frequently bought items to the general public". If most of the businesses now in this
zoning didn't do this, then what would they do? And, why are certain businesses given
a right to do it anyway? We either sell or we don't pay the rent or taxes.
3.) Trying to name every conceivable business that works well within this zoning seems
like a dangerous task. The top one third of my building has been office space since it
was built over twenty years ago. Some original tenants still remain in these offices.
These include; Architects, Accountants, Decorators, Engineers, Surveyors, Photographers,
Advertisers, and Building Maintenance. None of these businesses have been a conflict
before within the office portion of my building which has an entry directly facing Main
Street. At this point in time, any restriction for these professions could be considered
an indirect damage to the property.
so very much for your careful consideration in this very difficult matter,
. Gailen B. Smith
PROPERTIES
-MANAGEMENT-
97ci-'1??-'thlt:
GAlLEN B. SMITH. PAMELA WENDI SMITH. P.O. BOX 241 . SNOWMASS, COLORADO a 1654 ..-5.2';', ,;.:, ~11 L
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[--~n Clauson, 02:3;) . 5/30T98 , Re:
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X-Sender: stanc@comdev
Date: Sat, 30 May 1998 14:33:01 -0600
To: sarat@ci.aspen.co.us, Julie Ann Woods <juliew@ci.aspen.co.us>
From: Stan Clauson <stanc@ci.aspen.co.us>
Subject: Re: Zoning in SCl
Cc: johnw@ci.aspen.co.us
Sara,
I would proceed by w '.ting a to the occupant of the unit indicating
the restriction to artist's studio a stating that requires the occupant
to
be actively pursuing artistic production in the unit. Ask her to respond
as
to what artistic production she is doing. We'll see where to go from
there.
Stan
At 04:52 PM 05.29.1998 -0600, you wrote:
>Sara--
>You'll hate this, and I do to. At the May 5 P&Z meeting, Bob blaich asked
>about the artist's studio. Apparently, the artist who was there is no
longer
>operating there, but has allowed her mother (Janet Garwood) to live there
>instead. P&Z thinks that this is a zoning violation and would like some
>follow-up on this. this is tricky. I think we need to discuss this with
>the attorneys before we decide we will proceed with anything. I will cc
the
>attorneys and would like to report something back to P&Z on tuesday night.
>Perhaps we could have a brief discussion before Tues. night to see how we
>should proceed? JA.
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>
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IPrJ.nted tor Sara Thomas <sarat@cJ..aspen.co.us>
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Sarah Pletts Dance Theatre
Living Arts Foundation
A Non-Profit Global Organization
Post Office Box 1838
~10 Nonh Mill Street
Aspen. Colorado 81611
U.S.A./970-925-7018
May :7, 1998
Mr. Christopher Bendon, ?lanner
Community Development Department
City of Aspen
130 South Galena Street
Aspen, CO 81611
Hand Delivere~ Monday, May 18, 1998
Dear Chris;
Unfort~nately I will be out of the state on Tuesday, May 26t~, when
the recommendat~ons regarding the SCI Zone Distr~ct comes before
the City Council. I am sure you realize this is the only reason I
would not be present as my concern for this matter is considerable.
I do want to go on record as saYlng that I think the hearings were
most productive and all parties were fairly and equally listened
to. Both staff and the commission gave a great deal of thought and
consideration to the entire process.
I still believe that living quarters for an artist's studio should
be a permitted use rather than conditlonal. This position comes
from my first hand knowledge of the process gone through in the
early eighties when this use was approved. It was not done quickly
or easily. Many, many long hours, presentations and documents were
'nvolved.
The ~iving Arts Studio in the Andrews McFarlin condominium complex
at 410-412 North Mill Street is owned by Sarah Pletts who has been
a working artist all of her life. It is her home legally and
spiritually. It is also her home base of operation and her working
studio when she is in Aspen. As a performance artist she
frequently travels and is sometimes away from Aspen for weeks at a
time. She does extensive research on various projects and often
has teacing assignments far away from Colorado. Such has been the
case this past winter. The studio at Mill Street is the archive
for the Sarah Pletts Dance Theatre/~iving Arts Foundation
containing more than twenty years of videos, tapes, scripts and
~ ~ .. ~ 1?{ * @ff/ &, ~ 0
It has been brought to my attention that comments have been made in
the pUblic statements of the commission that are not correct. I
wish to present facts to you that I respectfully request be passed
on to the commission as well as be presented for your information.
...... ....
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# ,825 07/:7/02 08:46 Rec. $7 X, BK 0.83 PG 718
Sl_,..ia Davis, P:.tkin Cnt'y' C.le~ ... Doc $.00
ACCESSORY Dw~LLING UNIT DEED RESTRICTION
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THIS ACCESSORY DWELLING UNIT DEED RES s made and
ente~ed into this 3rd day of July, 1992 'r b_ 'Sarah PIette: nd .Janet
Garwaad, ("Caventor") far itself, its succe ssigns, far
the benefit af the C*ty af Aspen, Calarada, a mun~c~pal
carparatian, and the Aspen/Pitkin Caunty Hausing Authcrity, a
mul1:i-jurisdictianal hausing autharity established pursuant to' the
AMENDED AND RESTATED INTERGOVERNM:'ENTAI,AGREE:I1Et'T :r;ec;orded ,in Boak
605 at Page 751 af the recards af the pitkin County Clerk and
Recorder's Office ("Autharity").
WHEREAS, Caventer awnp that parcel af real praperty lecated at
410 Nar-ch Mill Street, in the City ef Aspen, Caunty ef Pitkin,
CO'larade, mare specifically described as Candeminium B9, Unit 312,
Building B O'f the Andrews-McFarland CO'ndominiums, Caunty O'f ?itk~n,
State af CO'larada, as shawn an Candaminium map fer lmdrews-
McFarland recarded in Baak 14, Page 82, upan which is situate a
cO'ndaminium to' cantain a 465 net liveable square .faat s-cudia
accessarydwelling unit ("Unit"); and
WHEREAS,
candi tions an
dwelling unit
Caventar agrees to' accept and
its use and accuoancv af the Un~t
under the Aspen Municipal Cade.
inpose , cer~ain
as an accesscry
NOW, THEREFORE, in consideratiO'n af the mutual promises and
abligations cantained where, the CO'ventO'r hereby caven ants and
agrees as fallaws:
1. The Unit as identified hereinabove shall nat be
candeminiumized and, if rented, shall be rented only in
accardance with the guidelines as adapted and as may be
amended fram time to' time bv the Autharity gaverning
"resident-occupied" dwelling units.
2. Caventar need nat rent the Unit; hawever, when rented,
anly qualified residents, as defined in the Hausing
Guidelines, shall reside therein and all rental terms shall be
fare a peri ad af nat less than six (6) consecutive,manths.
Caventar shall maintain the right to' select the qualified
resident af its awn chaasing when renting the Unit. An
executed capy af all leases far the Unit shall be submitted to'
the Autharity within ten (10) days af the appraval af a
qualified resident.
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3. The covenants and limitations of this deed restriction
shall run with and be binding on the land for the benefit of
the City of Aspen and the Authority, either of whom may
enforce the provisions thereof through any proceedings at
law or in equity, including ~viction of non-complying
tenants.
4. It is understood and agreed by the Coventor that no
waiver of a breach of any term or condition as contained in
this deed restriction shall be construed to be a waiver of
any breach of the same or other term or condition, nor shall
failure to enforce anyone of the terms or conditions,
either by forteiture or otherwise, be construed as a~aive~
of any term or condition.
IN WITNESS HEREOF, Coventor has placed its duly authorized
signature hereto on the date as described ahove.
COVENTOR:
G(;
By: ,.tuJkta~
.(Name of Coventor)
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Mailing Address:
(;) r.\ 11",,-;>~<1a
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STATE OF 17l.Jl.~""..cfu.,-,,-c,..U-)
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COUNTY OF- ?~14
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, The foregoing instrument was acknowledged before me this!
_ day o~-' ,. :S"~'~-M"'Oo:''''
19~, DY (Name of Coventor)
WITNESS my hand
and official seal.
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The Aspen Branch Floral Arts U\VL.i
Flowers - Events - Celebrations ~ ~__
May 31,1998
Dear Mayor Bennett and City Council Members,
I am writing to you out of grave concern for the future of my business in Aspen, Colorado.
The Aspen Branch is located in the S/C/I Zone District. I have received notiCes of hearings
conducted by the Aspen Planning and Zoning Commission and Planner Christopher Bendon. I called
Christopher Bendon in February and asked him if my business was in any jeopardy under this review
of the zoning regulations, his reply was that if! am in compliance,I was not in jeopardy oflosing the
ability to do business in this area. He asked me how long I had been doing business in this area. My
reply was 5 years. He mentioned I would be grandfathered in. I informed him I had legally been
issued a business license and my use had not changed over the past 5 years. At this point, I felt I had
no problems with the zoning regulations.
My landlord informed me later that I had been excluded from the S/C/I district in the hearings.
I became concerned again. I called Christopher Bendon again. His reply was I was in and then they
took me out. I called the City Attorney and his suggestion was to go to the Council Meeting on
June8,1998. In preparation for this meeting, I met with Christopher Bendon. I explained the nature
of my business and he suggested I write to you. As I understand, the Pand Z recommendations
have my business listed with a STRIKE THROUGH. This concerns me deeply. The Aspen Branch
is my sole source of income and I have invested over 18 years and thousands of dollars into this
business. I am operating a business in the S/C/I Zone legally and the City issued me a business
license to do so.
I have read purpose statement presented by the Aspen Pand Z. I know my business is
operating in the spirit of the established Zone district. Before moving to 528 E. Bleeker
Street, I read the conditions of operating a business in the S/C/I Zone. I presented the nature of my
business to the City and they approved my moving into the S/C/I Zone.
The P and Z Commission has mis-identified my business. In the memorandum, I see my
business identified as a simply a florist. I am a Commercial Floral Studio. I am not a Retail flower
shop. I do not encourage retail business and I am not an FTD Florist. I do not sell gift items, cards or
pre-made flower arrangements. As an example, a visit to Sashae flowers, The Willows of Aspen or
the Flower shop will illustrate the extreme difference between a retail flower shop and a Floral
Production Studio.
528 E. Bleeker Street Aspen, Colorado 81611 970.925.3791 Fax 970.925.6734-
,
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The Aspen Branch Floral Arts
Flowers - Events - Celebrllltions
I am in keeping with the spirit of the S/C/I Zone, may I clarify what The Aspen Branch does.
I manufacture and produce flower arrangements (many time in multiples of 50), construct props for
stages and tents, rent table linens, service house clients, construct arches and trellises, create and
execute weddings and parties and service the 3 major Hotels with flowers. I have a large inventory
of props and wedding and party accessories. The Aspen Branch is a service business. The walk- in ,
cash and carry part of business is less than 2%. We do not want retail business; it keeps us from
getting our party and wedding work done.
I moved from a retail location in the Wheeler Opera House to my present location because the
nature of my business had changed from retail to production. I spent over $65,000.00 to renovate and
move into the location I am in. I moved into this location with the approval of the City of Aspen.
I moved because I cannot operate my business in the retail core of the City of Aspen. I have 5
vehicles for delivery and the transportation of props. I need a large amount of square footage to make
props. I need large coolers and many work tables to produce 50 arrangements. If! cannot operate in
the S/C/I Zone, what Zone can I operate in? The Down Valley Zone is my only alternative.
I am the type of business you want in the S/C/I Zone. I do not see any part of my business
that does not reflect the spirit of the 1971 Zone regulations or the proposed 1998 purpose of the S/C/I
Zone. As a 20 year local; as business nationally recognized as an Aspen business; as a business with
Aspen in it's name; and as a business you gave the right to operate in this Zone, I ask you to question
why I was stricken out of this Zone.
I urge you to come to my business and observe the daily operation of a Floral studio.
This is my livelihood. Please consider my request seriously.
'6iit~
Beth Gill
528 E. Bleeker Street Aspen, Colorado 81611 970.925.3791 Fax 970.925.6734
(""\
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Sarah Pletts Dance Theatre
Living Arts Foundation
A Non-Profit Global Organization
Post Office Box 1838
410 North Mill Street
Aspen, Colorado 81612
U.S.A./970-925-7018
May 17, 1998
Mr. Christopher Bendon, Planner
Community Development Department
City of Aspen
130 South Galena Street
Aspen, CO 81611
Hand Delivered Monday, May 18, 1998
Dear Chris:
Unfortunately I will be out of the state on Tuesday, May 26th, when
the recommendations regarding the SCI Zone District comes before
the City Council. I am sure you realize this is the only reason I
would not be present as my concern for this matter is considerable.
I do want to go on record as saying that I think the hearings were
most productive and all parties were fairly and equally listened
to. Both staff and the commission gave a great deal of thought and
consideration to the entire process.
I still believe that living quarters for an artist's studio should
be a permitted use rather than conditional. This position comes
from my first hand knowledge of the process gone through in the
early eighties when this use was approved. It was not done quickly
or easily. Many, many long hours, presentations and documents were
involved.
The Living Arts Studio in the Andrews McFarlin condominium complex
at 410-412 North Mill Street is owned by Sarah Pletts who has been
a working artist all of her life. It is her home legally and
spiritually. It is also her home base of operation and her working
studio when she is in Aspen. As a performance artist she
frequently travels and is sometimes away from Aspen for weeks at a
time. She does extensive research on various projects and often
has teacing assignments far away from Colorado. Such has been the
case this past winter. The studio at Mill Street is the archive
for the Sarah Pletts Dance Theatre/Living Arts Foundation
containing more than twenty years of videos, tapes, scripts and
~ ~ .. . iff rt @%/ .. " 0
It has been brought to my attention that comments have been made in
the public statements of the commission that are not correct. I
wish to present facts to you that I respectfully request be passed
on to the commission as well as be presented for your information.
^
.,. ,\
f)
Christopher Bendon
5/17/98
Page Two
drawings drawn upon for continued creative endeavors. It is also
the home studio for an entity in collaboration with other artists
across the United States and Europe.
I share the living quarters in return for providing the support
services to the studio. This is particulary important when Ms
Pletts is working elsewhere or in the process of travel. There is
absolutly no question that the space is the home and studio of a
working artist. I trust this will answer the comments and or
doubts that may have been raised as to the possible
misrepresentation of matters in the pUblic records.
.~ ,~ ..~ ~f
The Aspen Branch Floral Arts
Flowers - Events - Celebrations
RECEiVED
SEP 8 WYb
ASPEN / PII KIN
COMMUNITY OEVE~OPMENT
September 8,1998
Dear Christopher,
I cannot be present at the work session today. I would like you to please consider the
following things when discussing my business:
I am a production and manufacturing business, not a retail flower shop.
This is important for me to establish. I am concerned if! am only grandfathered in, and
not named as a permitted use ,it may jeopardize my ability to do business if! change location within
the S/C/I zone.
Simply speaking, if I am grandfathered in, can I still operate in other locations in the S/C/I
Zone? Is it necessary for me to be established as a permitted use business in this zone?
I don't want to be at a disadvantage when negotiating my lease with my landlords because my only
option is to have a business in the exact locations I am presently in.
Thank You for all your time and effort working on resolving this.
Sincerely,
fwvJW
Beth Gill
528 E. Bleeker Street Aspen, Colorado 81611 970.925.3791 Fax 970.925.6734
f'\
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ASPEN' PITKIN
September 1, 1998
COMMPNITY DEVELOPMENT DEPARTMENT
Re: Amendments to the Service CommercialIndustrial (SCI) Zone District
To whom it may concern, ..
The Aspen City Council has invited the Planning and Zoning Commission to a
worksession to discuss the S/C/I Zone District amendment for the purpose of clarifying
questions raised by Council during the first reading and identifying any additional
information or analysis necessary.
At this worksession I will present the Commission's recommendation, explain the
rela.tive changes to the zoning provisions, and provide some additional information ~hich
was requested by City, Council. . .
,.' ,- \
, .
This is a worksession between the two boards and not a public hearing. . Council mayor
may not want to take public comments at this meeting.
. , .
The worksession for the SCI Z~ne District will be Tuesday.September 8, 1998, at 4:00 _ ,
'p.m. in the basement of City Hall, 13.0 South Galena Street.' .
Tharlks for your time,
"~' {7M(J
Chfistopher Bendon, Planner
City of Aspen
,
130 SOUTH GALENA STREET' ASPEN, COLORADO 81611.1975 . PHdNE 970.920.5"090 . FAX 970.920.5439
Prinledon Re<:yded P.:iper
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Blaich Associates
January 6, 1998
Design Management Consultants
319 North Fourth street
Aspen, 81611, Colorado, U.S.A.
Tel. 970-9209276
Fax 970-920 3433
E-Mail: blaich@sopris.net
Memo to: Aspen Planning and Zoning Commission
CC: Stan Clausen
Julie Ann Woods
Christooher Bendnn
Re:SCI Code Amendment
There was considerable discussion in the November 18th. Meeting with regard to the
definitions of artists, architects and designers. For purposes of clarification the following
definitions are from Webster's New Universal Unabridged Dictionary.
Art:
1. The disposition or modification of things by human skill, to answer the purpose
intended.
2. Creative work generally, or its principles; the making or doing of things that have
form and beauty: Art includes painting, sculpture, architecture, music, literature, drama, the
dance, etc. The term Fine Arts usually is restricted to the graphic arts, drawing, painting,
sculpture, ceramics, and, sometimes, architecture.
Artist:
1. One who is skilled in or works in any of the fine, especially graphic arts.
2. A person who does anything very well, with a feeling for form, effect, etc.; as,
his cook is an artist.
Architect:
1. One skilled in the art of building, one who designs buildings, draws up plans, and
generally supervises the construction,
2. Any similar designer
3. Any builder or creator
Design:
1. To make designs.
2. To make original plans, sketches, patterns, etc.
Designer:
1. One who designs.
2. One who conceives or forms original designs; original patterns, etc.
3. Planning.
Graphic Arts:
1. Any form of visual artistic representation.
.
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OWNER OF ASPEN REPAIR CO. A TV
REPAIR BUSINESS FOR LAST 20
YEARS IN THE SCI ZONE.
LETTER FEO~DYINCE GALLUCCIO,
RECeWt.:
Sr.? 1.1 \996
TO 0JjID;t<i/~~~ AND PLANNING AND ZONING COMMISSION MEMBERS
COI!.MUNITY 0
CONCERNING THE UPCOMING JOINT WORK SESSION ON THE
SERVICE/COMMERCIAL/INDUSTRIAL (SCI) ZONE
1) ORIGINAL PURPOSE OF THE SCI ZONE.
RECOGNIZING THAT THE ASPEN ECONOMY IS BASED
PRIMARILY ON TOURISM, AND THAT BUILDING AND MAINTAINING AND
SUPPLYING SERVICE NEEDS FOR THE TOURIST HOUSING IS A VITAL
FACTOR IN THE SUCCESS OF THAT ECONOMY, THE SCI ZONE WAS
CREATED ABOUT 28 YEARS AGO TO ALLOW BUSINESSES THAT PERFORM
ONLY THIS TYPE OF WORK TO COMPETE WITH EACH OTHER FOR THE
AVAILABLE SPACE IN THE ZONED AREA.
IT WAS OBVIOUS THEN, AND IT SHOULD BE NOW, THAT
BLUE COLLAR SERVICE TYPE BUSINESSES SUCH AS PLUMBING,
PAINTING, AUTO REPAIR, VACUUM AND TV REPAIR, CARPENTRY SHOP,
ELECTRICAL , SIGN MAKERS, DOG GROOMERS, AUTO DETAILERS,
PRINTING, AND MANY OTHERS CANNOT SUCCESSFULLY COMPETE FOR
SPACE WITH HIGH INCOME PRODUCING BUSINESSES SUCH AS TOURIST
RETAIL/RESTAURANT/ETC OR PROFESSIONAL WHITE COLLAR/OFFICE
BUSINESSES . IF ALLOWED, THESE HIGH INCOME TYPE BUSINESSES
WOULD SPREAD OUT FROM THE DOWNTOWN AREA INTO ANY AND ALL
AVAILABLE SPACE IN THE CITY/TOWN, FORCING THE SERVICE TYPE
BUSINESSES OUT OF TOWN. TODAY, OUT OF TOWN IS THE AIRPORT
BUSINESS CENTER.
28 YEARS AGO, THIS WAS THOUGHT TO BE A BAD IDEA.
TODAY, IT STILL SEEMS LIKE A BAD IDEA TO ME.
2)WHAT HAPPENED TO THE SCI ZONE?
FROM THE EARLY SEVENTIES TO 1988, THE SCI ZONING
ACCOMPLISHED FOR THE MOST PART WHAT WAS ORIGINALLY INTENDED
FOR THIS AREA OF ASPEN. HOWEVER IN 1988, THE CITY COUNCIL,
AGAINST THE RECOMMENDATIONS OF BOTH STAFF AND P&Z, DECLARED
THAT ARCHITECTS WERE ARTISTS AND THEREFORE ELIGIBLE TO BE IN
THE SCI ZONE.
DURING THE NEXT FIVE YEARS, MANY OF THE
CONDOMINIUMIZED SPACES AT 412 AND 414 N. MILL WHICH ARE IN
THE SCI ZONE WERE PURCHASED BY OR RENTED BY ARCHITECTS WHO
COULD AFFORD TO PAY FAR MORE FOR SPACE THAN THE FORMER BLUE
COLLAR TYPE SERVICE BUSINESSES. ONE ARCHITECT HAS ABOUT 10 TO
,
A
,. J
r}
.
2)OF2)
15 EMPLOYEES.
THE ZONE HAD BEEN "UPZONED" TO THE ADVANTAGE OF
JUST ONE WHITE COLLAR PROFESSIONAL GROUP, ARCHITECTS.
3)WHAT KINDS OF BUSINESSES SHOULD BE SUBSIDIZED BY THE
COMMUNITY?
IN EFFECT, THE COMMUNITY IS SUBSIDIZING THE SCI
ZONE. IF THE AREA IS NOT ZONED SCI AS ORIGINALLY INTENDED,
GREATER REVENUES WOULD RESULT FROM SALES TAXES AND PROPERTY
TAXES.
THE COMMUNITY SUBSIDIZES THE FINE ARTS AND ARTISTS,
WITH BOTH DIRECT CONTRIBUTIONS ANb REDUCED RENTS AS AT THE
RED BRICK SCHOOL. THIS MAKES GOOD SENSE BECAUSE THE ASPEN
ECONOMY NEEDS THE FINE ARTS TO BETTER COMPETE WITH OTHER SKI
AREAS/RESORTS.
THE COMMUNITY HAS BEEN SUBSIDIZING THE SERVICE
TYPE BUSINESS IN THE SCI ZONE BECAUSE IT NEEDS THE SERVICES
PROVIDED TO KEEP THE TOURIST/COMMUNITY INFRASTRUCTURE
WORKING.
THE COMMUNITY ALSO, THROUGH TAXING DISTRICTS,
SUBSIDIZES THE HOSPITAL/DOCTORS/SCHOOLS/FIRE/POLICE AND
OTHERS BECAUSE THE TOWN NEEDS THEM TO WORK PROPERLY.
THE QUESTION BEFORE YOU IS WHY THE COMMUNITY IS OR
SHOULD BE SUBSIDIZING ONE AND ONLY ONE PROFESSION
(ARCHITECTS) WHICH IS NOT VITAL OR CENTRAL TO THE ASPEN
ECONOMY, A PROFESSION WHICH CAN BE PRACTICED ANYWHERE IN THE
WORLD THAT GOOD ELECTRONIC COMMUNICATIONS EXIST, ON
STRUCTURES THAT WILL BE BUILT ANYWHERE IN THE WORLD, A
PROFESSION WHICH IS ZONED FOR IN 90 % OF THE COMMERCIAL SPACE
OF ASPEN, AND IS, TO MY UNDERSTANDING, LEGAL TO PERFORM AS A
HOME BUSINESS. MOST ORIGINALLY INTENDED SCI BUSINESSES ARE
NOT LEGAL IN THE COMMERCIAL CORE OR THE HOME.
THANK YOU FOR TAKING THE TIME TO
READ THIS, AND PERFORMING THE DIFFICULT AND USUALLY THANKLESS
TASKS OF YOUR OFFICES.
VINCENT GALLUCCIO
ASPEN REPAIR CO.
925-7688
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February 11, 1999
..
ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Re: Amend~ents to the Service Commerciaflndustrial (SCI) Zone District
To whom it may concern,
The Aspen City Council has scheduled. a public hearing on a Ordinance amending the
zoning ptovisions for the Service/Commercial/Industrial Zone. District. A copy of the
Ordinance being considered has been included. .
I have scheduled a meeting for anyone who would like to discuss specific uses, terms, or
other provisions 6f the proposed Ordinanceptior to this public hearing before CpunciL I
have scheduled this meeting for February 18th from 1 to 3 p.m. in the basement of City
. HalL If you cannot attend this meeting and have questions regarding the proposed
changes, feel free to contact me at 920.5072.
The public hearing for the SCIZone District with City Council will be Monday March
8,)999, at 5:00 p.m. in tile basement of City Hall, 130 South Galena Street.
~Yomtim"
Christopher Bendon, Planner ;
City of Aspen
.
'130 SOUTH GALENA STREET' ASPEN, COLORADO 81611.1975 . PHONE 970.920.5090 . FAX 970.920.5439
Printed.on R~<:yded Paper
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November 10, 1997
.
ASPEN . PITKIN
COMMUNITY DEVELOPMEI\'T DEPARTMENT
Re: Amendments to the Service Commercial Industrial (SCI) Zone ~istrict
To whom it may concern,
The City Planning Department is proposing amendments to the "SerVice Commercial
Industrial" (SCI) Zone District. This is a public process in which the public is
encouraged to ,attend and participate.
The Planning and Zoning Commission will consider the ch~ges proposed by the
Planning ,Department and take and consider public COIhments on Tuesday November 18,
1997, at 4:30 in the ba:sement of City Hall, 130 South Galena Street. Their
recommendatibns will be cifITied forward to City Council for review at a public hearing.
A copy of the proposed changes has been included for your reference. If you have
questions about the proposed text,' contact Chris Bendon at the City Planning Department.
920.5090. ....
., .
Thanks for your time,
'~Vv1 ~., .'
Christopher ~~ndon, Planner
CitY of Aspen
\ .-.
130 SOUTH GALE."JA STREET, . ASPEN, COU)RADO 81611-1975 . PHONE970.920.5090 . FAX 970.920.5439 .
'Prin((,d on Recycled P~per
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December 31, 1997
ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
. ..
Re: ;\mendll!ents to the Service .commercial Industrial (SCI) Zone District
To whom it may concern,
The Planning and Zoning Commission will re-open the public hearing to consider
4,' .' .' ." . .. .'
changes to the SCI Zone District. The Pla:nning Departinent has suggested the .
Commission consider the appropriate permitted and conditional uses at this hellfing and
consider physical dimensions (setbacks, height, etc.) at a later-meeting.
The hearing will be Tuesday January 6,1998, at 4:30 in the basement of City Hall,
130 South Galena Street. '
,
A copy of the memorandum to the Planning and Zoning Commission which contains the
yxisting and proposed language for the zony district is available at tire City Planning
Department, 3rd floor of City HalL. If you have questions about the proposed text,
contact Chris Bendon at 920.5090. .
(
Thanks for your time,
ClAW\0cAJ
"
Chfistopher Bendon, Planner.
City Qf Aspen
,
130 SOUTH GALENA STREET' ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
Printed on Rccyded P"per
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JanJiary 13, 1998
..
ASPEN' PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Re: Amendments to the Service Commercial Ind~strial (SCI) Zone District
To whom it may concern,
The Planning and Zoning Commission will re-open the public hearing to consider
changesto the SCI Zone District. The Planning Department has suggested the'
Commission finish the list of appropriate permitted and conditional uses and then
consider physical dimensions (setbacks, height, etc.).
There will be a public hearing to consider the redevelopment of the Tipler starting at 4:30
which is expected to take 30 minutes to an hour followed by a public hearing to consider
a Yoga Studio proposed in the SCI zone which may take 15-30 minutes. The hearing for
the SCI Zone Changes will be Tuesday January 20, I9?8, at approximately 5:30 in the
basement of City Hall, 130 South Galena Street.
A 'copy of the memorandum to the Planning and Zoning Commission which' contains the
existing and proposed lahguage for the zone district is available at the City Planning .
Department, 3rd floor o(City Ha,IL If you have questions about the proposed text,
contact Chris Bendon at 920.5090.
Thanks lor your time,
~M 'PJtti
. . Christopher Bendon, .P.lanner
City of Aspen
130 SoUTH GA~EN.'\ STREET. ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
Printed On Recyded Paper
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Craig Morris
Re: 1220 Alta Vis'ta Drive
February 3, 1998
Dear Mr, Morris,
ASPEN . PlTKIN
COMMUNITY DEVELOPMENT DEPARTMENT
To confirm our conversation today, 1220 Alta VistaDrive is in the Moderate Density
Residential Zone District which allows duplexes on lots of 15,000 square feet or larger.
The existing duplex may be cOl)dominiumized as of right with an approved plat. The plat'
review is an administrative review which usually takes about 2 - 3 weeks. The
engineering requirements for the plat are included in the application packet you received
earlier today. If you have additional questions regarding the requireme,nts for' '
Condominiumization, I can be reached 'at 920.5072.'
CJ;~~
Christopher Bendon, Planner
city of Aspen
130 Souni:' GALENA STREET' ASPEN: COLORADO 81611-1975 . PHONE 970~920.5090.. FAX 970.920.5439~@':'"
t'y' .
Printed on Rccl'ded,r"pet
ry
r,
,
February 10, 1998
. ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Re: Amendments to the Service Commercial Industrial (SCI) Zone District
. To whom it may concern,
The Planning and Zoning Commission will re-open the public hearing to consid,er
amendments to the SCI Zone District. The Planning Department has suggested the
Commission finish the list of uses and then consider physical dimensions (setbacks,
height, etc}
The Planning and Zoning Commission meeting will start at 4:30 p.m. There are two'
cases scheduled before the SCI discussion that will take approximately 45 minutes (or
more) each. The hearing for the SCI Zone District will be Tuesday February 17, 1998,
at 6:00 p.m. in the basement of City Hall, 130 South Galena Street.
,
A copy of the memorandum to the Planning and Zoning Commission which contains the
existing and proposed language forthe zone district will be available on Friday, February
13, at the City Planning Department, 3rd floor of City Hall. If you have questions about
the proposed text, contact"Chris Bendon at 920.5090. .
CL;YO~
Christopher Bendon, Planner .
. City of Aspen
".
130 SOUTH GALENA $TREET . ASPEI\, COLORADO 81611-1975 . PHONE 9;0.920.5090 . FAX 970.920.5439
Printed on Rerycled Paper
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, March 4,1998
.
ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Re: AmendIpents to the Service Commercial Industrial (SCI) Zone District
To whom it may concern,
The Planning and Zoning Commission will re-open the public hearing to consid~r
amendments to the SCI Zone District. The Planning Department has suggested the
Commission complete the public hearing and make a final recommendation to City
Council.
The hearing for the set Zone District ~ll be Tuesday March 10, 1998, at .4:30 p.m. in
the basement of CitY Hall, 130 South Galena Street.
A copy of the memorandum to the Planning and Zoning Commission which contains the
existing and proposed language for the zone district is available at the City Planning
Department, 3rcl floor of City HalL ffyou have questions about the proposed text,
. 'contact Chris Bendon at'920.5090.
Thanks f9f your time,
~WJ t1wU
Christopher Bendon, Pl~er'
City of Aspen
130 SOUTH GALENA STREET' ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
Printed on Re<:yded Paper
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March 26, 1998
.........
......,,,.
ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Re: A.mendments t.o the Servke CommerCial Industrial (SCI) Zone District
To whom it may concern,
The Planning and Zoning .Commission will re-open the public l:iearing to consid~r
amendments to the SCI Zone District. The Planning Department has suggested the
Commission complete the public hearing and make a final recommendation to pty
Council. A draft resolution has been prepared for their consideration.
The hearing for the SCI Zone District will be Tuesday March 31, 1998, at 4:30 p.m; in
the basement of City Hall, 130 South ;Galena Street.
A c6py of the memorandum to the Planning and Zoning Commission which contains the
existing and proposed language for the zone district is available at the City Planning
Department, 3rd floor of City HalL. If you. have questions about the proposed text,
contact Chris Bendon at 920.5090.
Thanks f\Jr your time;
'~M~
Christopher Bendori, Planner
City of Aspen
A-
"
,
130 SoUTH GALENA STREET . ASPEN, C'OL~RADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
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Printcd on Recyded Paper
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June 1, 1998
ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Re: Amendments to the Service Commercial Industrial (SCI) Zone District
. To whom it may concern, ,
The Aspen City CQUJlcil will read for tl:1e first time an Ordinance concerning amendments
to the SCI Zone District.'
. First Reading of an Ordinance is a process which establishes the date for a public hearing.
When City Council considers an Ordinance at First Reading, they usually d9 not take
public comment. However, considering the complexity of this amendment and the
public's involvemenT through the process, the Council may wish to hear public concerns
at this time.
At this First Reading I will make a brief presentation t() City Council explaining the
process which occurred with the Planning and Zoning Commission, the portions of the
Ordinance which need attention, and ,the public's involvement anddesjre tospe3k to the
Council.
, The hearing for the SCI Zone District will be Monday June 8, 1998, at 5:00 p.m. in the '
ba~einent of City Hall, 130 South Galena Street.
A copy of1:he'memorandum to the City Council which contains the proposed Ordinance
and a copy of the minutes from the Planning Zoning Commission hearings is available at
the City Planning Department, 3rd floor of City Hall. If you hl\ve questions' about the
proposed text, contact me at 920.5090.
Thanks for your time,
~VV11Wou
Christopher Bendon, Planner,
City of Aspen
130 SOCTH GALENA STREET ", ASPEN, COLORADO 81611 "1975 . PHONE 970.920.5090 . FAX 970.920.5439
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EXHIBIT
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PUBLIC NOTICE
RE: CITY OF ASPEN LAND USE CODE TEXT AMENDMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,
November 18 , 1997 at a meeting to begin at 4:30 p.m. before the Aspen Planning and
Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to
consider an amendment to Section 26.28.160 Service/Commercial/Industrial (S/CII).
Following are the proposed changes to Section 26.28.160 of the Municipal Code.
Strikethrough indicates language to be removed, bold indicates language ,to be added.
'-
26.28.160 Service/CommerciallIndustrial (S/CII).
A. Purpose. The purpose of the Service/CommerciallIndustrial (S/CII) zone
district is to allow for the use of land for the preservation or development of limited
commercial and industrial uses which do not require or generate high customer traffic
volumes; are primarily oriented to the manufacturing, repair, storage, and servicing
of consumer goods; and have a limited showroom, retail, or customer service area;
to permit shop craft industries; and to permit customary accessory uses, including
affordable residential dwelling units accessory to permitted uses.
B. Permitted uses. The following uses are permitted as of right in the
. Service/CommerciallIndustrial (S/CII) zone district.
1. Limited sommereiaJ and iadustriaJ uses iadudiRg the f{)llowiag aad
similar ases: Vellisle sales; appliallse ami eEJaipmsm remaJ, stsFage aad r8j3air;
automobile repair; EllItsms Bile wash.iag faeilities; eleetrieaJ and plambiRg servise shops;
sommersiaJ baJwry; eSlHflater ]3reduet sales ailE! servises; limited iBdustriaJ uses
inelading: Builder's supply, iH&uskiaJ tIr). eleaniHg plant and la_dry, fabrieafion and
r8j3air of BHilE!iRg materials aad sOlHfloaeats, l1HIi-Beryards, manafasture aad repair of
eleetromss or sportiB;; goods, printing aIld ]3ul3lisrnag plallts, telesoRlIffiHlieatioRs supplj',
tyjlesettiag, warehollSiag aIld sterage, shop SFaft iada5tr). aIld similar ases, artists' stadios
with eptioaal assessor)' d'.vellingG. !Jl of these aGes are permitted proviEleE! they do Het
ereate Uffilsual traffie hazard, Hoise, dust, fumes, oElors, smoke, ':a]3or, yiBFatioR, glal's or
iadustriaJ waste disposal ]3roblsmG, aIld prsyiaed that HS permitted uses priasipally sell
Eiaily Sf frsEJaentlj' bought items ts the geaeraJ ]3oolie;
2. /\.seesssry residential El'l:elliags restrieted to affordable helising
guideliHes;
3. Heme ee6Uj9atioas; aad
1. <^.esesssry Buildiags and ases.
1. Building materials, components, and equipment, fabrication, sales, rental,
repair, and servicing with up to 100% of the floor area devoted to retail or
customer service use.
2. Rental and repair of household appliances, eqnipment, and furniture.
3. Mannfacture, repair, and servicing of electronics and sporting goods.
4. Manufacture, repair, alteration, and tailoring of clothing and shoes.
5. Sewing supply.
6. Typesetting, printing, publishing, photo processing, or photography studio
7. Commercial bakery. .
8. Shop-craft industry and supply.
1""\
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9. Brewing supply, coffee roasting supply.
10. Florist.
11. Rehearsal stndio for the creative, performing, and/or martial arts;
12. Locksmith.
13. Post Office.
14. Animal grooming (definition), animal snppIies.
15. Studio, one (1) bedroom, or two (2) bedroom residential dwelling unit(s)
accessory to a permitted use, meeting the cnrrent net minimum livable
square footage requirements for newly deed restricted affordable honsing
units (as defined by the AspenlPitkin County Housing Authority), located
entirely above natural or finished grade, whichever is more restrictive, and
entirely above any non-residential nse within the structure, deed restricted to
affordable housing guidelines for Categories 1,2, or 3;
16. Warehousing and storage.
17. Service Yard accessory to a permitted nse
18. Accessory buildings and uses.
All of these uses are, permitted provided they do not create unusual traffic hazard,
noise, dust, fnmes, odors, smoke, vapor, vibration, glare or industrial waste disposal
problems, and provided that no permitted uses principally sell daily or frequently
bought items to the general public, and any showroom, retail, or customer service
area is clearly accessory to a permitted use and constitutes no more than twenty (20)
percent of the floor area.
C, Conditional Uses. The following uses are permitted as conditional uses in
the Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and
procedures established in Chapter 26.60.
1. Full serviee gas station;
2. Danee studie;
3 . Martial arts sHidio;
4. Dwelling _it aeeessory te ]gei'fIlitted uses ether than artists stuelie;
5. Ci%talogus sales sters;
6. Laundromat;
7. Pllotegraphy stuelio;
g. }J,8YS groUBd fuel stemge tanlcs; afld
9, VeteRllary dime.
1. Gas station;
2. Automobile and motorcycle sales, rental, repair, servicing, or washing
facility.
3. Sales and rental of electronics, sporting goods, clothing, or shoes.
4. Laundromat or industrial dry cleaning;
5. Recycling center. (Definition)
6. Above-ground fuel storage tanks.
7. Veterinary clinic. (Definition)
8. Animal boarding. (Definition)
9. Brewery. (definition)
A
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/-'\ 10. Coffee roasting. (Definition)
) All of these conditional nses maybe approved provided they do not create unusual
traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial
waste disposal problems, and provided that no uses principally sell daily or
freqnently bought items to the general public, and any showroom, retail, or
cnstomer service area is clearly accessory to a permitted or approved conditional
use and constitutes no more than twenty (20) percent of the floor area.
D. Dimensional requirements. The following dimensional requirements shall
apply to all peimitted and conditional uses in the Service/CommerciaJJIndustrial (S/C/I)
zone district.
1.
2.
Minimum lot size (square feet): 6,000
Minimum lot area per dwelling unit (square feet):
f or artist's stadies with aeeessery resieeatial 8v.'ellmg lHlits and fer ether
aeeessery o.Y,'elling anits OR letG BetweeR e,GGG and 9,000 Sqlla>€ feet, the followiag
square feet req-airemeats aj3J3~Y:
Srndio: I,GOO
1 bedreem: 1,200
2 bedreem: 2,000
3 bedreem: 3,000
URits ....'it!; mere than 3 bedroomG: ORe (1) Bedroom per 1,000
square f-eet of lot a>ea.
fer artist's staElies with aeeessory resiecRtial 8welliRg units and :fer ether
aeeessory o.welliRg anitG OR 10tG mere thaa 9,GGG s'luare feet, tile follewiag square feet
rcEtlffi'emeRts ajJjlly:
Stadie: 1,GGO
1 Bedroem: 1,250
2 Bedr-eem: 2,100
3 bedreem: 3,630
URits vfl.th mere than 3 beclreems: ORe (1) bedreem phiS 1,000
s'laa>e feet oflot area.
Studio: 625
1 bedroom: 875
2 bedroom: 1,125
3. Minimum lot width (feet): No requirement
4. Minimum front yard (feet): 20 [rem right ef way lmes of arterial streetG
(Mill & Spriag), 10 from all ether streetG. No requirement
5. Minimum side yard (feet): No requirement
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet):;;! 35
8. Minimum distance between principal and accessory buildings (feet): No
requirement
9. Percent of open space required for building site: ~No reqnirement
10. External floor area ratio: 1: 1 May be increased to 2:1 provided
additional floor area is shop craft industry or residential uses only.
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For further information, contact Chris Bendon at the Aspen/Pitkin Community
Development Department, 130 S. Galena St, Aspen, CO (970) 920-5072.
s/Sara Garton. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on November 1, 1997
City of Aspen Account
US POSTAL SERVICE
WESTERN REGION
SAN BRUNO, CA 94099
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410 N MILL B-ll
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FULLER VICTORIA B
1949 W WABANSIA
CHICAGO, IL 60622
TEAGUE HENRY B
412 N MILL ST
ASPEN, CO 81611
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PO BOX 3203
ASPEN, CO 81612
MILL STREET MILAGRO
CORPORATION
A COLORADO CORPORATION
PO BOX 3203
ASPEN, CO 81612
OBERMEYER KLAUS F
PO BOX 130
ASPEN, CO 81612
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~ 557 N MILL ST PITKIN COUNTY
ASPEN CO 81611 506 E MAIN ST
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MILL STREET MILAGRO
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PO BOX 3203
ASPEN,CO 81612
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CITY OF ASPEN
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ASPEN, CO 81611
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ASPEN, CO 81612
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PLETTS SARAH A AS JT TENANTS
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FULLER VICTORIA B
1949 W WABANSIA
CHICAGO, IL 60622
TEAGUE HENRY B
412 N MILL ST
ASPEN, CO 81611
MILL STREET MILAGRO
CORPORATION
A COLORADO CORPORATION
PO BOX 3203
ASPEN, CO 81612
MILL STREET MILAGRO
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ASPEN, CO 81612
MILL STREET MILAORO
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ASPEN, CO 81612
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ASPEN, CO 81612
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ASPEN, CO 81612
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