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HomeMy WebLinkAboutcoa.lu.ca.0043.2014.ASLUC-1 0043.2014. ASLU 130 S. GALENA ST CODE AMENDMENT MIXED USE ZONE DISTRICT 56�0-, r-t. H I 10, eA\-e< e� C PATH: G/DRIVE /MASTER FILES/ADMINISTRATIVE/A*IN/LAND USE CASE DOCUMENTS C7j THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBERS PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0043.2014.ASLU 2737 073 31 851 130 SOUTH GALENA STREET SARA ADAMS CODE AMENDMENT MIXED USE ZONE DISTRICT 06.09.2014 CLOSED BY DEB PATTISON 03.14.2016 0 2- File Edit Record Navigate Form Reports Format Tab Help ix 2.1 jump Main Custom gelds Routing Status Fee 00x,A?--a0f4L-45Lq (Aspen Land Use Permit type ,aslu = Permit 00412014ASLU Address 130 GLAENA ST ApL!Suae o jty r ASPEN State CO Zip ix Permit Information o Master permit I Routing queue Iaslu07 Apphed O 13 2014 1 1 Project status pending Approved Description ;CODE ANIENDIAENT MIXED USE ZONE DISTRICT Issued Closolinal Submitted'7Runn-2015 ICITY HALL clock ing I Days F70 Expires 05 ios,, Owner Last name ICITY HALL First name 1801 CASTLE CRK Phone Address Applicant D Owner is applicant? n Contractor is applicant? Last name First name :CITY HALL 1.801 CASTLE CRK ASPEN CO 81611 Phone If 1 1 Cust 112727 AMrPQ; Lender Last name First name i Phone (I Address AspenGo16 (server angelas �o f 7 - I i of i RECEPTION#: 611582, 07/03/20140 12:27:30 PM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ,jRDINANCE NO. 17 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.710.180 — MIXED USE ZONE DISTRICT, OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to craft a code amendment to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the public and received referral comments from the Planning and Zoning Commission and the Historic Preservation Commission regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on May 27, 2014, the City Council directed staff to draft a code amendment to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Section 26.470; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Code Amendment Objective The objective of the proposed code amendments is to expand business diversity and enhance business sustainability by adding retail and restaurant use as a permitted use for all buildings within the Mixed Use Zone District. Mixed Use Code Amendment Ordinance 17, Series 2014 Page 1 of 3 0 Section 2: Aspen Land Use Code Section 26.710.180.B. in its entirety shall read as follows: B. Permitted uses. The following uses are permitted as of right in the Mixed -Use (MU) Zone District: 1. On historic landmark properties: Bed and breakfast. 2. Retail and restaurant uses. 3. Service uses. 4. Office uses. 5. Neighborhood commercial uses. 6. Lodging, timeshare lodge and exempt timesharing. 7. Arts, cultural and civic uses. 8. Public uses. 9. Recreational uses. 10. Academic uses. 11. Child care center. 12. Affordable multi -family housing. 13. Free-market multi -family housing. 14. Single-family residence. 15. Duplex residence. 16. Two (2) detached single-family residences. 17. Home occupations. 18. Accessory uses and structures. 19. Storage accessory to a permitted use. 20. Vacation rentals. Pursuant to Section 26.575.220 Section 3: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability. Mixed Use Code Amendment Ordinance 17, Series 2014 Page 2 of 3 0 • If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 6• A public hearing on this ordinance shall be held on the 23' day of June, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of June, 2014. Atte : r�,V(c L' da Manning, City Clerk FINALLY, adopted, passed and approved June 2,1, 2014. >. da Manning, City Clerk Steven Skadron, Approved as to form: awes R. True, ��iAtt�orney Mixed Use Code Amendment Ordinance 17, Series 2014 Page 3 of 3 Mon, Jun 09, 2014 10267883 Acct: 1013028 Phone: (970)920-5064 E-Mail: ANGELA.SCOREY@a CITY Client: Caller: Linda Manning Receipt Ad Name: 10267883A Editions: 8ATI/8ATW/ Start: 06/12/14 Color: Copyline: atw Ordinance #17 15:44:46 Ad Ticket #5 Name: Aspen (LEGALS) City of Address. 130 S Galena St Lines: 23 Depth: 1.93 Columns: 1 Discount: 0.00 Commission: 0.00 Net: 0.00 Tax: 0.00 Total 11.64 Payment 0.00 City: Aspen State: CO Zip: 81611 Original Id: 10267820 Class: 0990 Stop: 06/12/14 Issue 1 Rep: Lisa Parmelee LEGAL NOTICE ORDINANCE 17.2014 PUBLIC HEARING Ordinance #17. Series of 2014 was adopted on first reading at the City Council meeting June 9. 2014. This ordinance. it adopted. will amend chapter 26.710.180 to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District.The public hearing can this ordi- nance is scheduled for June 23. 2014 at 5:00 p.m. City Hall. 130 South Galena. To see the entire text. go tothe city's legal notice website http:i!www.aspenpitkin.com ,'Departm ents/Clerk/Le- gal-Notices!' IF you would like a copy FAXed or e-mailed to you. call the city clerk's office. 429-2687 Published in the Aspen Times Weekly on June 121h. 2014 (10267883) Ad shown is not actual print size • • Ad Name: 10267883A Customer: Aspen (LEGALS) City of Your account number: 1013028 PROOF OF PUBLICATION T31 Ails TIM:1 STATE OF COLORADO, COUNTY OF PITKIN 1, Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 6/12/2014 and that the last publication of said notice was in the issue of said newspaper dated 6/12/2014. In witness whereof, I have here unto set my hand this 06/25/2014. J_"i!i= Jim Morgan, Gener Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 06/25/2014. Pamela J. Schultz, Notary Public Commission expires: November 1, 2015 SPRY pU 9� ' PAMELAJ. SCHULTZ 9� Ca �pl+ LEGAL NOTICE ORDINANCE 17. 2014 PUBLIC HEARING Ordinance e17, Series of 2014 was adopted on first reading at the City Council meeting June 9, 2014. Thia ordinance, if adopted, will amend chapter 26.710. 180 to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone Districl.The public hearing on this ordi- nance is scheduled for June 23, 2014 at 5:00 p.m. City Hall, 130 South Galena. To see the entire text, go to the city's legal notice websile htIpJAvww.asponpitkin.com/Departments/Clork/Le- gal­Noticead IF you would like a copy FAXed or a-madad to you. call the city clerk's office, 429-2687 Published in the Aspen Times Weekly on June 121h, 2014 (10267883) r � J Sara Adams From: Karen Mitchell <kmdaspen925@aol.com> Sent: Friday, June 20, 2014 2:30 PM To: Sara Adams; Steve Skadron Cc: kmdaspen925@aol.com The Honorable Steve Skadron, Mayor Ms. Sara Adams, Senior Planner City of Aspen Re: Support for Ordinance 17 MU Zone District Code Amendment Public hearing on Monday, June 23, 2014 Ms. Adams, Mr. Mayor and City Council, I am writing to voice my support for Ordinance 17, which proposes the expansion of Aspen's MU zones to include retail and restaurant use. This addition to current MU zoning is essential in sustaining Aspen's locally -owned small businesses and artist's studios. I am a long time local and artist/designer who has maintained a studio and small business in Aspen for many years. Due to the recent spate of sales of commercial properties in the Core, commercial rents have become prohibitively expensive to anyone but corporately owned luxury goods retailers, real estate offices and banks. There are very few options for studio space where artists can create and provide work and services to our Aspen patrons. Consequently, Aspen artists (and many locally owned small businesses) have been pushed out of the Core to find marginally affordable spaces in the periphery, which is currently zoned as Mixed Use. I was surprised to have been informed that any artist who sells work to a private client or to a representing gallery is considered by the City to be a retail store, even if there is no street traffic, retail inventory or other retail activity in our studios. Accordin�q to the City, current zoniMprohibits artist studios from operating in Aspen within a Mixed Use zone. Without Ordinance 17, which adds retail to Aspen's Mixed Use zoning, artist's studios in Aspen will, quite simply, be driven to extinction. This should not be allowed to happen. Artists' studios provide vitality and beauty to any and every community, and are essential in maintaining Aspen's charm, as well as business diversity. I ask that City Council approve Ordinance 17. Thank you, Karen Mitchell 11 ] �,(,� tI Karen Mitchell Design J1f �o ` PO Box 4885 1 td10',5 (M+W Aspen, CO. 81612 970.925.7933 PS. Please feel free to call me with any questions or for clarification 0 • Sara Adams From: Jess Bates <jessbates@gmail.com> Sent: Friday, June 20, 2014 9:03 AM To: Sara Adams Subject: Ordinance 17 I would like to voice my support for the addition of retail use in the MU zoning districts and Ordinance 17. I am a local artisan and artist (painter and jewelry fabricator) and it is becoming increasingly difficult to find small workspaces in Aspen where I can work, meet with clients, and make sales. Please help keep diversity and creativity in our community. Regards, Jess Bates Hayes Silver & Goldsmithing Est'd 1949 www.iessbates.com www.hgyessilver.com AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ti L u L , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 2 20 L+ STATE OF COLORADO ) ss. County of Pitldn ) I, LCJ'�(name, please print) being or repres ting an Applicant to th ity of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (IS) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached -hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the w0petty subjejt to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A W c© of the o�7jers and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach sum7na7y, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) 0. Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. , "4ntn f .,---7 Signature The foregoing "Affidavit of Notice" was acknowled ed before me this _� day 'Ofslit of ? , 20(4_, by PUBLIC NOTICE 7, ,gyp HAND �77� RE: AMENDMAND USE CODE OF ASPEN WITNESS M t�AND AND OFFICIAL SEAL NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday June, 23, 2014, at a meet- ing to begin at 5.00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Gale- Ivry commission expires. na St.. Aspen, for a proposed code amendment to the text of the Land Use Code. The potential amendment would allow rd nilDi uses as Use r permitted use m the Mixed Use Zone District For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St.. Aspen. CO, (970) 429-2778, sa- —�DL��1I'lr�I�l/s. Notary Public `',�.'� ra.adamsdoyotaspen.com skadmq Mayor Aspen City Council Aspen City A KAREN REED PATTERSON Published In the Aspen Times on June 5, 2014 - NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS AS APPLICABLE: NOTARY ID #19964002767 My Commission Expires February 15, 2016 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 • 0 MEMORANDUM TO: Mayor and City Council FROM: Sara Adams, Senior Planner THRU: Chris Bendon, Community Development Director am RE: Mixed Use Zone District Code Amendment, Second reading of Ordinance 17, Series of 2014. MEETING DATE: June 23, 2014 SUMMARY: One of City Council's Top Ten Goals for 2014 is "By August 31, 2014 help ensure the livability of Aspen for future generations by identifying strategies to expand business diversity and enhance business sustainability." In response to this goal Planning Staff proposes to amend the Mixed Use Zone District to allow retail and restaurant uses in all buildings. Currently, only landmark properties are permitted to have retail or restaurant uses. Expanding the permitted location of retail/restaurant uses may encourage start-up businesses, incubator spaces, and more diverse retail/restaurant businesses to operate in Aspen. Council approved a policy resolution on May 27, 2014, which directed Staff to bring forward the code amendment. STAFF RECOMMENDATION: Staff recommends approval of the proposed ordinance on Second Reading. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Mixed Use Zone District of the City. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the final step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: The Mixed Use Zone District is located in five areas: the Main Street Historic District; a small area east of the Commercial Core from Main to Hyman and Spring to Original; a small area to the west of the Commercial Core from Main to Hyman and Aspen to Monarch; a small area that includes two lots behind the Hotel Jerome and the Community Bank across Mill Street; and the old Poppy's Restaurant on Hallam Street. (See the maps provided below.) The Mixed Use Zone District was established in 2005 (as it was formerly known as the Office Zone District) at which time the ability to have retail/restaurant was permitted as a by right use only to landmarks. Prior Mixed Use Zone District Second Reading 6/23/2014 Page 1 of 4 to 2005 landmarks were allowed specific uses not offered to other properties through a conditional use review. The proposal is to amend the Mixed Use Zone District to allow retail/ restaurant uses in all buildings, not just landmarks. There are 5 historic landmarks located within the Mixed Use Zone District that are outside of the Main Street Historic District: 834 W. Hallam Street (old Poppy's restaurant), 2 residences along Hopkins Avenue, the white house next to limelight, and the Aspen Athletic Club. None of these landmarks currently have retail/restaurant uses. Figure 1: The Mixed Use Zone is in light pink. Black circles outline the areas of Mixed Use that are not part of the Main Street Historic District. Stars indicate landmarks. Note: this map does not include 834 W. Hallam (former Poppy's restaurant) past the S-curves. There are 3 out of about 45 landmarks in both the Main Street Historic District and the Mixed Use Zone District that have retail/restaurant uses: the Main Street Bakery and Explore Booksellers, and 02 has some retail that is accessory to the yoga studio. The Hickory House is a non -conforming use that was established prior to the requirement that retail/restaurant be located in a historic landmark. The map below shows the Historic District in yellow and the landmarks in white. Mixed Use Zone District Second Reading 6/23/2014 Page 2 of 4 • 0 Figure 2: Main Street Historic District is highlighted in yellow. Landmarks are in white. In Staffs opinion amending the Mixed Use Zone District will not affect the viability of the historic landmarks. The only landmarks that are currently operating retail/restaurant uses are located close to the Commercial Core and have been established businesses for many decades. Restricting retail/restaurant uses to landmarks does not seem to offer much of a benefit or there would be more retail/restaurant uses along Main Street. While the uses along Main Street will probably not drastically change with this amendment, Staff believes that retail/ restaurant uses in the pockets of Mixed Use east and west of the Commercial Core, and the area behind the Hotel Jerome will further Council's goal to expand business diversity and enhance business sustainability. The majority of the buildings in the Mixed Use section east of downtown are multi -family residential; however there are 3 buildings that contain commercial uses — 300 S. Spring Street (American Family Insurance), 100 S. Spring Street (Hannah Dustin Building), and the Aspen Athletic Club. The Hyman Avenue corridor is undergoing many changes that will draw visitors and locals east of the Commercial Core - allowing retail/restaurant in this location will offer new opportunities for new and old businesses. The area behind the Jerome is currently under construction (aka Jerome Professional Building) with a new mixed use building that could offer areas for retail/restaurant spaces along Mill Street that are a little off the beaten track. REFERRALS: The Historic Preservation Commission is supportive of the proposed amendment to the Mixed Use Zone District and does not think that restricting retail/restaurant to landmarks has been a valuable incentive for historic preservation. There was some concern raised about parking impacts for retail/restaurant uses in the Main Street Historic District. Mixed Use Zone District Second Reading 6/23/2014 Page 3 of 4 The Planning & Zoning Commission was divided on whether to support the proposed code amendment. Half of the Commission felt that the proposed amendment was a positive change to the Mixed Use Zone District that would help support small businesses and further business diversity. The other half of the Commission was concerned that the amendment would drive restaurants out of downtown which would sterilize the pedestrian malls with retail only uses, and leave only high end retail spaces in our downtown core. PUBLIC OUTREACH: Staff reached out to commercial brokers to garner feedback on possible zoning changes. The feedback was split: some brokers are concerned about eroding the commercial core area by allowing retail/restaurant to creep into other areas and others do not think there will be a significant change to rental rates or business diversity by allowing retail/restaurant in these areas. The majority of brokers that Staff spoke with are supportive of the idea and do not anticipate the amendment causing any adverse impacts. During the Planning and Zoning Commission hearing a member of the public raised concerns about displacing offices by allowing retail/restaurant in these areas. Staff has a distribution list of interested parties that receive updates on the code amendment. STAFF RECOMMENDATION: Staff recommends adoption of the ordinance on Second Reading. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 17, Series of 2014, approving a code amendment to allow retail and restaurant uses in the Mixed Use Zone District." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A - Staff Findings Exhibit B - Redline version of code amendment Exhibit C - Minutes from Planning and Zoning referral Mixed Use Zone District Second Reading 6/23/2014 Page 4 of 4 ORDINANCE No. 17 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.710.180 — MIXED USE ZONE DISTRICT, OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to craft a code amendment to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the public and received referral comments from the Planning and Zoning Commission and the Historic Preservation Commission regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on May 27, 2014, the City Council directed staff to draft a code amendment to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Section 26.470; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Code Amendment Obiective The objective of the proposed code amendments is to expand business diversity and enhance business sustainability by adding retail and restaurant use as a permitted use for all buildings within the Mixed Use Zone District. Mixed Use Code Amendment Ordinance 17, Series 2014 Pagel of 3 • • Section 2: Aspen Land Use Code Section 26.710.180.B. in its entirety shall read as follows: B. Permitted uses. The following uses are permitted as of right in the Mixed -Use (MU) Zone District: 1. On historic landmark properties: Bed and breakfast. 2. Retail and restaurant uses. 3. Service uses. 4. Office uses. 5. Neighborhood commercial uses. 6. Lodging, timeshare lodge and exempt timesharing. 7. Arts, cultural and civic uses. 8. Public uses. 9. Recreational uses. 10. Academic uses. 11. Child care center. 12. Affordable multi -family housing. 13. Free-market multi -family housing. 14. Single-family residence. 15. Duplex residence. 16. Two (2) detached single-family residences. 17. Home occupations. 18. Accessory uses and structures. 19. Storage accessory to a permitted use. 20. Vacation rentals. Pursuant to Section 26.575.220 Section 3: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability. Mixed Use Code Amendment Ordinance 17, Series 2014 Page 2 of 3 0 • If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 6• A public hearing on this ordinance shall be held on the 23`d day of June, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of June, 2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney 2014. Steven Skadron, Mayor Mixed Use Code Amendment Ordinance 17, Series 2014 Page 3 of 3 0 • Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review — Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in allowing retail/restaurant uses in all buildings in the Mixed Use Zone District. Not restricting these uses only to landmark properties supports small businesses and supports business diversity: the zone district is located on the outskirts of the downtown core which may result in lower rents but is still accessible to pedestrian activity. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: The 2012 Aspen Area Community Plan includes a policy to "encourage a commercial mix that is balanced, diverse and vital and meets the needs of year round visitors." Expanding retail/restaurant uses in the Mixed Use Zone District is consistent with this policy as described in criterion a. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The objective of the proposed amendment is to support business diversity by allowing retail/restaurant uses in areas that border downtown to encourage small businesses to remain or start- up in town. Staff finds that this objective is in harmony with the public interest and the purpose of Title 26. Staff finds this criterion to be met. MU Zone District, Second Reading Exhibit A 6/23/2014 Page I of 1 9 • ORDINANCE No. 17 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.710.180 — MIXED USE ZONE DISTRICT, OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to craft a code amendment to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the public and received referral comments from the Planning and Zoning Commission and the Historic Preservation Commission regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on May 27, 2014, the City Council directed staff to draft a code amendment to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Section 26.470; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Code Amendment Obiective The objective of the proposed code amendments is to expand business diversity and enhance business sustainability by adding retail and restaurant use as a permitted use for all buildings within the Mixed Use Zone District. Mixed Use Code Amendment Ordinance 17, Series 2014 Pagel of 3 Section 2: Aspen Land Use Code Section 26.710.180.13. in its entirety shall read as follows: B. Permitted uses. The following uses are permitted as of right in the Mixed -Use (MU) Zone District: 1_On historic landmark properties: Retail and Festa Fant uses, neighber-heed C-OffiffieFeial uses and bBed and breakfast. 4--'. Retail and restaurant uses. =-.3. Service uses. 34. Office uses. 5. Neighborhood commercial uses. 4-.6. Lodging, timeshare lodge and exempt timesharing. 5 7_Arts, cultural and civic uses. 6-.8. Public uses. -7-.9. Recreational uses. $-10. Academic uses. 9 1 1. Child care center. 44.12. Affordable multi -family housing. 44-.13. Free-market multi -family housing. 4-2-.14. Single-family residence. 4-3-.15. Duplex residence. 4 .16. Two (2) detached single-family residences. 4--5- 17. Home occupations. -1-718. Accessory uses and structures. -1--7-.19. Storage accessory to a permitted use. 4-9-.20. Vacation rentals. Pursuant to Section 26.575.220 Section 3: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Mixed Use Code Amendment Ordinance 17, Series 2014 Page 2 of 3 Section 4: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 6• A public hearing on this ordinance shall be held on the 23'd day of June, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of June, 2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this , 2014. Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney Steven Skadron, Mayor Mixed Use Code Amendment Ordinance 17, Series 2014 Page 3 of 3 • Regular Meeting Planning & Zoning Commission May G, 2014 oft e public would not have a key card to access the building which you would have to go throu to get to the tunnel. Mr. Walter held asked what the spaces look like where the tunnel exits into on either side. Mr. Nichol sa on the Chart House side it is the parking garage and on the Dancing Bear side it exits onto the s and floor where the amenities are located. Mr. Gibbs asked if a thought was given to making the tunnel accessible to the public. Mr. Nichol said they did.%ge in users of the tunnel will be from people who are in one of the buildings and want tothe other. He said if you are already outside you will not go into a building to go undergo get outside on the other side. Mr. Gibbs opened the public co %co t. Norma Dolle said she wanted tout more about the project since it is close to their lodge. Mr. Vann said the project will btructed and maintained by the applicant. He said the primary purpose of the tunnel is to redyce traffic from cars a d pedestrians. Mr. Gibbs closed the public comment. Ms. Tygre said the public policy issue is somdthing iyactilthe will decide but P&Z can weigh in on it. One of her concerns is the instability of thegeol base of Aspen mountain and how it will affect the future. Ms. Quinn said there is a section of PUD critefia thafrelates to utilities and public facilities. Mr. Walterscheid said he has no issue th the tunnel or engineering. He said it does limit the 16 reengineering of the storm water syxem. He said he thinksit is a policy question and he is not against it. Mr. Goode said he agrees wi Mr. Walterscheid. He said he does'not have a problem with the project. Mr. Gibbs said he is Zm cerned with the cost to the City if down the road they need to improve the storm water sy and they need to choose a more expensive option because of the tunnel./made ere should be some mechanism that Council will have where the private parties onsible for offsetting some of the cost. Mr. Gomotion to approve Resolution 7, Series of 2014 recommending ari ,amend Chart House Lodge and Dancing Bear PUD's as proposed. Seconded% Mr. Walterscheid. o Roll -Call vote; Gibbs, no; Elliott, yes; Walterscheid, yes; Goode, yes; Tygre, no. Motion passed. Other Business — Code Amendments Referral — Mixed Use Zone District and Transferable Development Rights 4 0 0 Regular Meeting Planning & Zoning Commission May 6, 2014 Sara Adams, planning department, said these items are referrals to Council. One of Council's goals is to help insure the livability of Aspen for future generations by identifying strategies to expand business diversity and to enhance business sustainability. Staff wanted to look at the mixed use zone district which currently allows retail and restaurant uses but only in historic landmarks. Staff is proposing to amend that to allow retail/restaurant in any building. She stated the reason it is only allowed in landmarks is an incentive for landmarks. Ms. Adams told the commission only 3 of the 40 historic landmarks in the Main Street historic district are retail/restaurant. Staff took this to HPC and they are supportive of opening it up for any building. She stated they wanted P&Z's feedback and outlined some questions; Does P&Z think there would be a negative impact on the historic district and landmarks by amending the zone district. Does P&Z think that allowing retail and restaurant uses in the mixed use zone district will erode the commercial core and c1. Ms. Adams said they reached out to commercial brokers and private planners and for the most part everyone was supportive. There were some concerns about the potential erosion of downtown. Mr. Goode said it is a great idea because more spaces will be available for businesses. Ms. Tygre said it would encourage restaurants to move out of the downtown core and onto Main Street because rent will be cheaper. She said restaurants get driven out by high end retail as it is and will only worsen if this is change. Mr. Walterscheid said there is nothing bad about having restaurants on Main Street. Mr. Elliott said he is in favor of opening it up. Mr. Gibbs said he agrees with Ms. Tygre's concern that the restaurants will be pushed out by retail. He asked if they could change it to only retail instead of retail and restaurant. Ms. Adams said the intention is not to remove restaurants from downtown. Ms. Adams told the commission the TDR amendment was submitted by Neil Karbank and Alan Richman is representing Mr. Karbank. The proposal is to expand where TDR's can land. Currently TDR's are created only on landmark properties as an incentive to move development pressure away from the landmark. This is in increments of 250 square feet of floor area. The certificate can be sold on the free market and a non -landmark can land it. Currently you can land one per residence in the RMF and Mixed Use zones. Council prohibited this in commercial and C1 last year. Ms. Adams stated Mr. Richman is proposing two ways to use TDR's. The first would be to increase the number of TDR's that can land per residence. Right now a single family home can land one and a duplex two. Suggestions would be to have a minimum lot size to land one. Another idea would be to restrict landing more than one to outside the infill area. Staff suggested up to four TDR's can land on a parcel. In the R6 zone if there is a 9,000 square foot lot it would allow a single family home and a duplex. The single family residence allows 5 • 0 Regular Meeting Planning & Zoning Commission May 6, 2014 3,660 square feet of floor area. A duplex allows 4,080 square feet of floor area. Currently a duplex can land two TDR's equaling 500 square feet. The square foot difference between the duplex with the TDR's and the single family would be 920 square feet or equal to three TDR's. She stated this is the mentality behind proposing up to four TDR's. Ms. Adams stated it would only be for single family homes. A single family home could be the same size of a duplex if TDR's were retired. She said the lot size varies with the zone district. Mr. Walterscheid said he is curious if Council will contemplate what the restriction on the downtown core has done to push growth outward as opposed to keeping it in town. Ms. Tygre said it is a policy question as to if we want to encourage duplexes. The proposal by Mr. Richman would be across the board allowing two per residence. Staff felt that would be too much for a duplex. Mr. Richman said there is a rational behind Staff's proposal and he likes what they have done. Mr. Gibbs said he is unsure if two or three TDR's for a single family home make sense. He said there is not as much space between homes anymore. He said he does not want to encourage variances for lot coverage. Mr. Richman said there is also a proposal where there are provisions in growth management where small additions are exempt from the mitigation requirements. For commercial and lodge a 250 square foot net leasable additional or up to two hotel lodge units, in a non -historic building, is allowed without mitigation. He suggests those numbers double with using a TDR. He said 500 feet becomes meaningful. Ms. Adams said Staff was not supportive since it was just trading a TDR for affordable housing mitigation. Mr. Richman said he also proposed the idea that penthouses in the commercial core be allowed only by using one TDR for every 500 square foot of penthouse. He said they pulled the idea knowing Council would not approve. Mr. Walterscheid said he would be for it. Ms. Tygre said she would like to see duplexes in R30 having more bulk. She said it will be more appropriate in some sites than other but is unsure how to make than happen. She said in general the approach is fine. Ms. Adams said there could be some sort of review process over a certain number. Ms. Tygre made a motion to adjourn, seconded by Mr. Gibbs. All in favor, meeting adjourned. r C� J MEMORANDUM TO: Mayor and City Council FROM: Sara Adams, Senior Planner THRU: Chris Bendon, Community Development Director RE: Mixed Use Zone District Code Amendment, First reading of Ordinance _, Series of 2014. Second Reading is scheduled for June 23, 2014 MEETING DATE: June 9, 2014 SUMMARY: One of City Council's Top Ten Goals for 2014 is "By August 31, 2014 help ensure the livability of Aspen for future generations by identifying strategies to expand business diversity and enhance business sustainability." In response to this goal Planning Staff proposes to amend the Mixed Use Zone District to allow retail and restaurant uses in all buildings. Currently, only landmark properties are permitted to have retail or restaurant uses. Expanding the permitted location of retail/restaurant uses may encourage start-up businesses, incubator spaces, and more diverse retail/restaurant businesses to operate in Aspen. Council approved a policy resolution on May 27, 2014, which directed Staff to bring forward the code amendment. STAFF RECOMMENDATION: Staff recommends approval of the proposed ordinance on First Reading. Second Reading is scheduled for June 23, 2014. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Mixed Use Zone District of the City. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the final step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: The Mixed Use Zone District is located in five areas: the Main Street Historic District; a small area east of the Commercial Core from Main to Hyman and Spring to Original; a small area to the west of the Commercial Core from Main to Hyman and Aspen to Monarch; a small area that includes two lots behind the Hotel Jerome and the Community Bank across Mill Street; and the old Poppy's Restaurant on Hallam Street. (See the maps provided below.) The Mixed Use Zone District was established in 2005 (as it was formerly known as the Office Zone District) at which time the ability to have retail/restaurant was permitted as a by right use only to landmarks. Prior Mixed Use Zone District First Reading 6/9/2014 Page 1 of 4 to 2005 landmarks were allowed specific uses not offered to other properties through a conditional use review. The proposal is to amend the Mixed Use Zone District to allow retail/ restaurant uses in all buildings, not just landmarks. There are 5 historic landmarks located within the Mixed Use Zone District that are outside of the Main Street Historic District: 834 W. Hallam Street (old Poppy's restaurant), 2 residences along Hopkins Avenue, the white house next to limelight, and the Aspen Athletic Club. None of these landmarks currently have retail/restaurant uses. Figure 1: The Mixed Use Zone is in light pink. Black circles outline the areas of Mixed Use that are not part of the Main Street Historic District. Stars indicate landmarks. Note: this map does not include 834 W. Hallam (former Poppy's restaurant) past the S-curves. There are 3 out of about 45 landmarks in both the Main Street Historic District and the Mixed Use Zone District that have retail/restaurant uses: the Main Street Bakery and Explore Booksellers, and 02 has some retail that is accessory to the yoga studio. The Hickory House is a non -conforming use that was established prior to the requirement that retail/restaurant be located in a historic landmark. The map below shows the Historic District in yellow and the landmarks in white. Mixed Use Zone District First Reading 6/9/2014 Page 2 of 4 Figure 2: Main Street Historic District is highlighted in yellow. Landmarks are in white. In Staff s opinion amending the Mixed Use Zone District will not affect the viability of the historic landmarks. The only landmarks that are currently operating retail/restaurant uses are located close to the Commercial Core and have been established businesses for many decades. Restricting retail/restaurant uses to landmarks does not seem to offer much of a benefit or there would be more retail/restaurant uses along Main Street. While the uses along Main Street will probably not drastically change with this amendment, Staff believes that retail/ restaurant uses in the pockets of Mixed Use east and west of the Commercial Core, and the area behind the Hotel Jerome will further Council's goal to expand business diversity and enhance business sustainability. The majority of the buildings in the Mixed Use section east of downtown are multi -family residential; however there are 3 buildings that contain commercial uses — 300 S. Spring Street (American Family Insurance), 100 S. Spring Street (Hannah Dustin Building), and the Aspen Athletic Club. The Hyman Avenue corridor is undergoing many changes that will draw visitors and locals east of the Commercial Core - allowing retail/restaurant in this location will offer new opportunities for new and old businesses. The area behind the Jerome is currently under construction (aka Jerome Professional Building) with a new mixed use building that could offer areas for retail/restaurant spaces along Mill Street that are a little off the beaten track. REFERRALS: The Historic Preservation Commission is supportive of the proposed amendment to the Mixed Use Zone District and does not think that restricting retail/restaurant to landmarks has been a valuable incentive for historic preservation. There was some concern raised about parking impacts for retail/restaurant uses in the Main Street Historic District. Mixed Use Zone District First Reading 6/9/2014 Page 3 of 4 The Planning & Zoning Commission was divided on whether to support the proposed code amendment. Half of the Commission felt that the proposed amendment was a positive change to the Mixed Use Zone District that would help support small businesses and further business diversity. The other half of the Commission was concerned that the amendment would drive restaurants out of downtown which would sterilize the pedestrian malls with retail only uses, and leave only high end retail spaces in our downtown core. PUBLIC OUTREACH: Staff reached out to commercial brokers to garner feedback on possible zoning changes. The feedback was split: some brokers are concerned about eroding the commercial core area by allowing retail/restaurant to creep into other areas and others do not think there will be a significant change to rental rates or business diversity by allowing retaiUrestaurant in these areas. The majority of brokers that Staff spoke with are supportive of the idea and do not anticipate the amendment causing any adverse impacts. During the Planning and Zoning Commission hearing a member of the public raised concerns about displacing offices by allowing retail/restaurant in these areas. Staff has a distribution list of interested parties that receive updates on the code amendment. STAFF RECOMMENDATION: Staff recommends adoption of the draft ordinance on First Reading. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. _, Series of 2014, approving a code amendment to allow retail and restaurant uses in the Mixed Use Zone District." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A - Staff Findings Exhibit B - Redline version of code amendment Exhibit C - Minutes from Planning and Zoning referral Mixed Use Zone District First Reading 6/9/2014 Page 4 of 4 Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review — Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in allowing retail/restaurant uses in all buildings in the Mixed Use Zone District. Not restricting these uses only to landmark properties supports small businesses and supports business diversity: the zone district is located on the outskirts of the downtown core which may result in lower rents but is still accessible to pedestrian activity. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: The 2012 Aspen Area Community Plan includes a policy to "encourage a commercial mix that is balanced, diverse and vital and meets the needs of year round visitors." Expanding retail/restaurant uses in the Mixed Use Zone District is consistent with this policy as described in criterion a. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The objective of the proposed amendment is to support business diversity by allowing retail/restaurant uses in areas that border downtown to encourage small businesses to remain or start- up in town. Staff finds that this objective is in harmony with the public interest and the purpose of Title 26. Staff finds this criterion to be met. MU Zone District, First Reading Exhibit A 6/9/2014 Page 1 of 1 ORDINANCE No. (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.710.180 — MIXED USE ZONE DISTRICT, OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to craft a code amendment to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the public and received referral comments from the Planning and Zoning Commission and the Historic Preservation Commission regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on May 27, 2014, the City Council directed staff to draft a code amendment to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Section 26.470; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Code Amendment Obiective The objective of the proposed code amendments is to expand business diversity and enhance business sustainability by adding retail and restaurant use as a permitted use for all buildings within the Mixed Use Zone District. Mixed Use Code Amendment Ordinance _, Series 2014 Page 1 of 3 Section 2: Aspen Land Use Code Section 26.710.180.B. in its entirety shall read as follows: B. Permitted uses. The following uses are permitted as of right in the Mixed -Use (MU) Zone District: 1_On historic landmark properties: Detail and +,,.•.ant Nneighborhood commercial uses and bed and breakfast. . Retail and restaurant uses. .L3. Service uses. 3`4. Office uses. 4 5_Lodging, timeshare lodge and exempt timesharing. -5-.6. Arts, cultural and civic uses. 6 7. Public uses. 7-.8. Recreational uses. 8-.9. Academic uses. 10. Child care center. 4& 11. Affordable multi -family housing. 44.12. Free-market multi -family housing. 4-2L.13. Single-family residence. 4-3, 14. Duplex residence. +415. Two (2) detached single-family residences. 4� 16. Home occupations. 4-6 17. Accessory uses and structures. 4-7-. 18. Storage accessory to a permitted use. 4-8-.19. Vacation rentals. Pursuant to Section 26.575.220 Section 3: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability. Mixed Use Code Amendment Ordinance _, Series 2014 Page 2 of 3 If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 6• A public hearing on this ordinance shall be held on the 23`d day of June, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of June, 2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this , 2014. Attest: Linda Manning, Cite Clerk Approved as to form: James R. True, City Attorney Steven Skadron, Nlayor Mixed Use Code Amendment Ordinance _, Series 2014 Page 3 of 3 r� AFFIDAVIT OF PUBLIC NOTICE REQUMED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ,TO a424e Em; n Q a.n (xa) ea Acne— -4 40 , Aspen, CO e X %a j S It e C.o d2 S {-LQU lcl D P u 1� S SCHEDULED PUBLIC ARING DATE: 20 STATE OF COLORADO ) ss. County of Pitldn ) I, VVC-X- n ; w a kt ct-y ,+ 1 ►') (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of thepublication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of , 20to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public, hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of r property owners shall be those on the current tax records of Pitkin County as they 1 apgeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach sumn2wy, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection ;in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. gnature The foregoing "Affidavit of Notice" was acknowledged before me this �6_k day of 20 A_, by PUBLIC NOTICE HAND T AND T SEAL RE:AMENDMENT TO THE CITY OF ASPEN ��iS'S MY RC1ND AND OFFICIAL SEAL LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday May 27, 2014, at a meet- ing to begin at 5:00 p.m. belore the Aspen City Council, Council Chambers, City Hall, 130 S. Gale- na St., Aspen, to determine if an amendment b Me text of the Land Use Code should be pursued. The potential amendment would allow retail/restaurant uses as a permitted use in the Mixed Use Zone District. For further information, contact Sara Ad- ams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2778, sara.adams@cityofaspen.com s/ Steven Skadron, Mayor Aspen City Council Published in the Aspen Times on May 8, 2014 (10170851) My commission expires: Notary ATTACHMENTS AS APPLICABLE: KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19964002767 My COf1N11fsslotl Expires February 15, 2016 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 • • MEMORANDUM TO: Mayor and City Council FROM: Sara Adams, Senior Plannerwmc— THRU: Chris Bendon, Community Development Director 1,in RE: Policy Resolution: Mixed Use Zone District, Code Amendments Resolution _, Series of 2014 MEETING DATE: May 27, 2014 SUMMARY: The attached Resolution outlines Council policy direction for amendments to the Mixed Use Zone District of the City. One of City Council's Top Ten Goals for 2014 is "By August 31, 2014 help ensure the livability of Aspen for future generations by identifying strategies to expand business diversity and enhance business sustainability." In response to this goal Planning Staff proposes to amend the Mixed Use Zone District to allow retail and restaurant uses in all buildings. Currently, only landmark properties are permitted to have retail or restaurant uses. Expanding the permitted location of retail/restaurant uses may encourage start-up businesses and more diverse retail/restaurant businesses to operate in Aspen. If the Policy Resolution is approved, Staff will bring an Ordinance to City Council that amends the Mixed Use Zone District. STAFF RECOMMENDATION: Staff recommends approval of the proposed resolution. . LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Mixed Use Zone District of the City. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. Mixed Use Zone District Policy Direction 5/27/2014 Page 1 of 4 BACKGROUND & OVERVIEW: The Mixed Use Zone District is located in five areas: the Main Street Historic District; a small area east of the Commercial Core from Main to Hyman and Spring to Original; a small area to the west of the Commercial Core from Main to Hyman and Aspen to Monarch; a small area that includes two lots behind the Hotel Jerome and the Community Bank across Mill Street; and the old Poppy's Restaurant on Hallam Street. (See the maps provided below.) The Mixed Use Zone District was established in 2005 (as it was formerly known as the Office Zone District) at which time the ability to have retail/restaurant was permitted as a by right use only to landmarks. Prior to 2005 landmarks were allowed specific uses not offered to other properties through a conditional use review. The proposal is to amend the Mixed Use Zone District to allow retail/ restaurant uses in all buildings, not just landmarks. There are 5 historic landmarks located within the Mixed Use Zone District that are outside of the Main Street Historic District: 834 W. Hallam Street (old Poppy's restaurant), 2 residences along Hopkins Avenue, the white house next to limelight, and the Aspen Athletic Club. None of these landmarks currently have retail/restaurant uses. Figure 1: The Mixed Use Zone is in light pink. Black circles outline the areas of Mixed Use that are not part of the Main Street Historic District. Stars indicate landmarks. Note: this map does not include 834 W. Hallam (former Poppy's restaurant) past the S-curves. 1 5/27/2014 Page 2 of 4 There are 3 out of about 45 landmarks in both the Main Street Historic District and the Mixed Use Zone District that have retail/restaurant uses: the Main Street Bakery and Explore Booksellers, and 02 has some retail that is accessory to the yoga studio. The Hickory House is a non -conforming use that was established prior to the requirement that retail/restaurant be located in a historic landmark. The map below shows the Historic District in yellow and the landmarks in white. Figure 2: Main Street Historic District is highlighted in yellow. Landmarks are in vOhite. In Staff s opinion amending the Mixed Use Zone District will not affect the viability of the historic landmarks. The only landmarks that are currently operating retail/restaurant uses are located close to the Commercial Core and have been established businesses for many decades. Restricting retail/restaurant uses to landmarks does not seem to offer much of a benefit or there would be more retail/restaurant uses along Main Street. While the uses along Main Street will probably not drastically change with this amendment, Staff believes that retail/ restaurant uses in the pockets of Mixed Use east and west of the Commercial Core, and the area behind the Hotel Jerome will further Council's goal to expand business diversity and enhance business sustainability. The majority of the buildings in the Mixed Use section east of downtown are multi -family residential; however there are 3 buildings that contain commercial uses — 300 S. Spring Street (American Family Insurance), 100 S. Spring Street (Hannah Dustin Building), and the Aspen Athletic Club. The Hyman Avenue corridor is undergoing many changes that will draw visitors and locals east of the Commercial Core - allowing retail/restaurant in this location will offer new opportunities for new and old businesses. The area behind the Jerome is currently Mixed Use Zone District Policy Direction 5/27/2014 Page 3 of 4 under construction (aka Jerome Professional Building) with a new mixed use building that could offer areas for retail/restaurant spaces along Mill Street that are a little off the beaten track. REFERRALS: The Historic Preservation Commission is supportive of the proposed amendment to the Mixed Use Zone District and does not think that restricting retail/restaurant to landmarks has been a valuable incentive for historic preservation. There was some concern raised about parking impacts for retail/restaurant uses in the Main Street Historic District. The Planning & Zoning Commission was divided on whether to support the proposed code amendment. Half of the Commission felt that the proposed amendment was a positive change to the Mixed Use Zone District that would help support small businesses and further business diversity. The other half of the Commission was concerned that the amendment would drive restaurants out of downtown which would sterilize the pedestrian malls with retail only uses, and leave only high end retail spaces in our downtown core. PUBLIC OUTREACH: Staff reached out to commercial brokers to garner feedback on possible zoning changes. The feedback was split: some brokers are concerned about eroding the commercial core area by allowing retail/restaurant to creep into other areas and others do not think there will be a significant change to rental rates or business diversity by allowing retail/restaurant in these areas. The majority of brokers that Staff spoke with are supportive of the idea and do not anticipate the amendment causing any adverse impacts. During the Planning and Zoning Commission hearing a member of the public raised concerns about displacing offices by allowing retail/restaurant in these areas. Staff has a distribution list of interested parties that receive updates on the code amendment. STAFF RECOMMENDATION: Staff recommends adoption of the attached Policy Resolution. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. Series of 2014, approving a Policy Resolution regarding the Mixed Use Zone District." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Mixed Use Zone District Policy Direction 5/27/2014 Page 4 of 4 0 • RESOLUTION NO. _, (SERIES OF 2014) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO THE MIXED USE ZONE DISTRICT OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore options to further the City Council Goal that `By August 31, 2014 help ensure the livability of Aspen for future generations by identifying strategies to expand business diversity and enhance business sustainability; " and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach to commercial real estate brokers, the Historic Preservation Commission, and the Planning and Zoning Commission; and, WHEREAS, the Community Development Director recommended changes to the Mixed Use Zone District in the Land Use Code; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on May 27, 2014, the City Council approved Resolution No. _, Series of 2014, by a vote, requesting code amendments to the Mixed Use Zone District in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective and Direction The objective of the proposed Land Use code amendments is to support business diversity and sustainability by amending the Mixed Use Zone District to allow retail/restaurant uses for historic and non -historic buildings. Section 2• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances Resolution No. _, Series 2014 Page 1 of 2 0 repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 3• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this 27th day of May 2014. Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk APPROVED AS TO FO12_M: .lames 12 True, Cite Attorney Resolution No. . Series 2014 Page 2 of 2 Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review — Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in allowing retail/restaurant uses in all buildings in the Mixed Use Zone District. Not restricting these uses only to landmark properties supports small businesses and supports business diversity: the zone district is located on the outskirts of the downtown core which may result in lower rents but is still accessible to pedestrian activity. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: The 2012 Aspen Area Community Plan includes a policy to "encourage a commercial mix that is balanced, diverse and vital and meets the needs of year round visitors." Expanding retail/restaurant uses in the Mixed Use Zone District is consistent with this policy as described in criterion a. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The objective of the proposed amendment is to support business diversity by allowing retail/restaurant uses in areas that border downtown to encourage small businesses to remain or start- up in town. Staff finds that this objective is in harmony with the public interest and the purpose of Title 26. Staff finds this criterion to be met. MU Zone District Policy Direction Exhibit A 5/27/2014 Page 1 of 1 TO: Aspen Planning and Zoning Commission FROM: Sara Adams, Senior Planner THRU: Jennifer Phelan, Community Development Deputy Director RE: Potential changes to the Mixed Use Zone District, referral comments DATE: May 6, 2014 SUMMARY: One of City Council's Top Ten Goals for 2014 is "By August 31, 2014 help ensure the livability of Aspen for future generations by identifying strategies to expand business diversity and enhance business sustainability." In response to this goal Planning Staff proposes to amend the Mixed Use Zone District to allow retail and restaurant uses in all buildings. Currently, only landmark properties are permitted to have retail or restaurant uses. Expanding the permitted location of retail/restaurant uses may encourage different rental rates and in turn allow different types of businesses to operate in Aspen. The Mixed Use Zone District is located in five areas: the Main Street Historic District; a small area east of the Commercial Core from Main to Hyman and Spring to Original; a small area to the west of the Commercial Core from Main to Hyman and Aspen to Monarch; a small area that includes two lots behind the Hotel Jerome and the Community Bank across Mill Street; and the old Poppy's Restaurant on Hallam Street. (See the maps provided at right and below.) Besides properties within the Main Street Historic District, the only historic landmark in the small area east of downtown is the Aspen Athletic Club. The old Poppy's restaurant is also a landmark. Figure 1: A portion of the Mixed Use Zone is in light pink, east of downtown. Aspen Athletic Club is outlined in white. The Mixed Use Zone District was established in 2005 (as it was formerly known as the Office Zone District) at which time the ability to have retail/restaurant was permitted as a by right use Mixed Use Zone District referral comments 5/6/14 Page 1 only to landmarks. Prior to 2005 landmarks were allowed specific uses not offered to other properties through a conditional use review. Figure 2: The Mixed Use Zone is in light pink. Arrows point out the areas of Mixed Use that are not part of the Main Street Historic District. Mixed Use Zone District referral comments 5/6/ 14 Page 2 Figure 3: Main Street Historic District is highlighted and yellow. Landmarks are in white. There are 3 out of about 40 landmarks in the Main Street Historic District that have retail/restaurant uses: the Main Street Bakery and Explore Booksellers, and 02 has some retail that is accessory to the yoga studio. The Hickory House is a non -conforming use that was established prior to the requirement that retail/restaurant be located in a historic landmark. The map on the previous page shows the Historic District in green and the landmarks in white. Planning Staff requests P&Z's comments on the impact of allowing retail/restaurant for all buildings in the Mixed Use Zone District. In Staffs opinion amending the Mixed Use Zone District will not affect the viability of the historic landmarks. The only landmarks that are currently operating retail/restaurant uses are located close to the Commercial Core and have been established businesses for many decades. Restricting retail/restaurant to landmarks does not seem to offer much of a benefit or there would be more retail/restaurant uses along Main Street. While the uses along Main Street will probably not drastically change with this amendment, Staff believes that retail/restaurant uses in the pocket of Mixed Use east of the Commercial Core and the area behind the Hotel Jerome will further Council's goal to expand business diversity and enhance business sustainability. The Hyman Avenue corridor is undergoing many changes that will draw visitors and locals east of the Commercial Core - allowing retail/restaurant in this location will offer new opportunities for new and old businesses. The area behind the Jerome is currently under construction with a new mixed use building that could offer prime areas for retail/restaurant spaces along Mill Street that is are a little off the beaten track. Staff has received split feedback from some commercial brokers. Some brokers are concerned about eroding the commercial core area by allowing retail/restaurant to creep into other areas and do not think there will be a significant change to rental rates or business diversity by allowing retail/restaurant in these areas. Other brokers are supportive of the idea and do not anticipate the amendment causing any adverse impacts. Staff is looking for feedback from HPC: Does P&Z think there will be a negative impact to the Historic District and historic landmarks by amending the zone district? Does P&Z think that allowing retail/restaurant in the Mixed Use Zone District will erode the commercial core (CC and Cl)? Mixed Use Zone District referral comments 5/6/14 Page 3 • HPC referral: HPC is supportive of the proposed amendment to the Mixed Use Zone District and does not think that restricting retail/restaurant to landmarks has been a valuable incentive for historic preservation. There was some concern raised about parking impacts for retail/restaurant uses in the historic district. Next Steps: Staff will propose a policy resolution to City Council to amend the Mixed Use Zone District. Mixed Use Zone District referral comments 5/6/14 Page 4 • Is MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Sara Adams, Senior Planner RE: Potential changes to the Mixed Use Zone District, referral comments DATE: February 12, 2014 SUMMARY: One of City Council's Top Ten Goals for 2014 is "By August 31, 2014 help ensure the livability of Aspen for future generations by identifying strategies to expand business diversity and enhance business sustainability." In response to this goal Planning Staff proposes to amend the Mixed Use Zone District to allow retail and restaurant uses in all buildings. Currently, only landmark properties are permitted to have retail or restaurant uses. Expanding the permitted location of retail/restaurant uses may encourage different rental rates and in turn allow different types of businesses to operate in Aspen. The Mixed Use Zone District is located in four areas: the Main Street Historic District; a small area east of the Commercial Core from Main to Hyman and Spring to Original; a small area that includes two lots behind the Hotel Jerome and the Community Bank across Mill Street; and the old Poppy's Restaurant on Hallam Street. (See the maps provided at right and below.) The only historic landmark in the small area east of downtown is the Aspen Athletic Club. The old Poppy's restaurant is a landmark. The Mixed Use Zone District was The Mixed Use Zone is in light pink, east of downtown. Aspen established in 2005 (as it was Athletic Club is outlined in white. formerly known as the Office Zone District) at which time the ability to have retail/restaurant was permitted as a by right use only to landmarks. Prior to 2005 landmarks were allowed specific uses not offered to other properties through a conditional use review. There are 3 landmarks in the Main Street Historic District that have retail/restaurant uses: the Main Street Bakery, Explore Booksellers, and 02 has some retail that is accessory to the yoga studio. The Hickory House is a non -conforming use that was established prior to the Mixed Use Zone District referral comments 2/12/14 Page 1 requirement that retail/restaurant be located in a historic landmark. The map below shows the Historic District in green and the landmarks in white. Main Street Historic District is outlined in green. Landmarks are in white. Planning Staff requests HPC's comments on the impact of allowing retail/restaurant for all buildings in the Mixed Use Zone District. In Staffs opinion amending the Mixed Use Zone District will not affect the viability of the historic landmarks. The only landmarks that are currently operating retail/restaurant uses are located close to the Commercial Core and have been established businesses for many decades. Restricting retail/restaurant to landmarks does not seem to offer much of a benefit or there would be more retail/restaurant uses along Main Street. While the uses along Main Street will probably not drastically change with this amendment, Staff believes that retail/restaurant uses in the pocket of Mixed Use east of the Commercial Core and the area behind the Hotel Jerome will further Council's goal to expand business diversity and enhance business sustainability. The Hyman Avenue corridor is undergoing many changes that will draw visitors and locals east of the Commercial Core - allowing retail/restaurant in this location will offer new opportunities for new and old businesses. The area behind the Jerome is currently under construction with a new mixed use building that could offer prime areas for retail/restaurant spaces along Mill Street that is are a little off the beaten track. Staff has received split feedback from some commercial brokers. Some brokers are concerned about eroding the commercial core area by allowing retail/restaurant to creep into other areas and do not think there will be a significant change to rental rates or business diversity by allowing retail/restaurant in these areas. Other brokers are supportive of the idea and do not see the amendment causing any adverse impacts. Mixed Use Zone District referral comments 2/12/14 Page 2 Staff is looking for feedback from HPC: Does HPC think there will be a negative impact to the Historic District and historic landmarks by amending the zone district? Next Steps: Staff will propose a policy resolution to City Council to amend the Mixed Use Zone District. Mixed Use Zone District referral comments 2/12/14 Page 3 0 Sara Adams From: Amy Simon Sent: Thursday, February 13, 2014 12:31 PM To: Sara Adams; Jessica Garrow Subject: code amendment questions at HPC You can listen to the recording of last night's discussion if you want. We only had three members present. Here are my notes: Extending retail/restaurant to any property in MU ... They don't think there is much evidence to show that this has been a meaningful preservation incentive that needs to be protected. They think that trying to have retail/restaurant in a more removed area is probably pretty risky for a business owner, but if they want to try it we should allow it. They suggested that more liveliness in general on Main Street could make the historic properties in the neighborhood more valuable and desirable and might motivate property owners to stay on top of maintenance issues, etc. Patrick wondered how residential uses in these neighborhoods would be affected and he was worried that parking needed by these sort of businesses won't be provided. Should "by right" floor area or height for lodges on Main Street be increased... The don't think that bigger is always the answer. Smaller hotels could be more appealing and popular in the long run. A modest increase might be ok, but in general they would like to continue having these projects looked at case by case. They seem to think that allowing larger buildings is something that has to be earned or tied to certain other desired outcomes being incorporated into the project. Bigger doesn't have to mean taller. They would prefer that the focus be on monetary incentives. They would like the City to look at public/private partnership opportunities to develop lodging. What if there were more lodges built on Main Street... They are generally ok with this because small lodges are a long standing part of the history of the neighborhood. The possibility of more lodges makes them feel even more strongly that size still needs to be carefully controlled. I reminded them of the new PD process and the types of reviews, like GMQS they might get pulled into more. They can't wait. They also mentioned joint meetings or referrals of some sort from P&Z in those cases. Amy Simon City of Aspen Historic Preservation 130 S. Galena Street Aspen, CO 81611 (970) 429-2758 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and