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Home My WebLink Aboutcoa.lu.ca.0041.2015.ASLU0041.2015. ASLU CODE AMENDMENT CLARIFCATION OF CC AND C-1 DISTRICT LIMITS ON FREE MARKET ON UNITS. CCL ✓� �e GI 7�%(p �n�ftPd CI A PATH: G/DRIVE / MAS'1 ER FILES/ADMINISTRATIVE/ADMIN/LAND USE CASE DOCUMENTS 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 0041.2015.ASLU 2737 073 31 851 130 S GALENA ST BECKY LEVY CODE AMENDMENT CLOSED BY DEB PATTISON 06.15.16 ORDINANCE No. 25 0 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.710.140 — COMMERCIAL CORE (CC) ZONE DISTRICT, AND CHAPTER 26.710.150 — COMMERCIAL (C-1) 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 prepare amendments to the Commercial Core (CC) and Commercial (C-1) Zone Districts; 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 regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 22, 2015, the City Council approved Resolution No.64, Series of 2015, requesting code amendments to the Land Use Code for the CC and C-1 Zone Districts; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.710.140 — Commercial Core (CC) Zone District and Chapter 26.710.150 — Commercial (C-1) Zone District; 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 fin-thers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.710.140 Commercial Core (CC), shall be amended as follows: 26.710.140 Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service, commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable Code Amendment — CC and C-1 Zones Ordinance 25, Series 2015 Page 1 of 10 • housing, free-market housing legally established prior to adoption of Ordinance 25, Series 2012, and short term vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front -most street -facing faeade. This prohibition shall not apply to split-level buildings (see definition) or properties north of Main Street. Parking shall not be allowed as the sole use of the ground floor. Automobile drive - through service is prohibited. 3. Uses allowed on second floors: Retail and restaurant uses, office uses, lodging, timeshare lodge; affordable multi -family housing. • 4. Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). 5. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and its associated commercial uses. 6. Free -Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. 7. Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Gasoline service station. 0 2. Commercial parking facility, pursuant to Chapter 26.515. Code Amendment —CC and C-1 Zones Ordinance 25, Series 2015 Page 2 of 10 D. Dimensional requirements. The following dimensional requirements shall apply to all • permitted and conditional uses in the Commercial Core (CC) Zone District: 1. Minimum Gross Lot Area (square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear yard setback (feet): No requirement 7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06. 8. Maximum height (feet): a) For properties located on the south side of a Street: (1) Twenty -Eight (28) feet for two story elements of a building. b) For properties located on the north side of a Street: (1) Twenty -Eight (28) feet for two story elements of a building. (2) Thirty-eight (38) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. (a) Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. (b) The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. City Council may approve third story conditioned space that exceeds this footprint limitation if the proposed development is compatible with the community character and is in harmony with the public interest. 9. Minimum floor to floor heights: a) Minimum First Floor to Second Floor floor -to -floor: Thirteen (13) feet. b) Minimum Upper Floor -to -ceiling height: Nine (9) feet. c) Floor -to -Ceiling heights in upper floors shall be less than the floor -to -ceiling height of the first floor. 0 10. Minimum distance between buildings on the lot (feet): No requirement. Code Amendment — CC and C-1 Zones Ordinance 25, Series 2015 Page 3 of 10 is 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively.up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.75:1. c. Affordable multi family housing: No limitation. d. Lodging: 0.5:1, which may be increased to 2.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. e. Free -Market multifamily housing: Limited to the existing FAR. No expansion to FAR shall be permitted, except at -grade patios, and decks (other than roof -top decks), balconies, exterior stairways, trellis, and other similar features up to 15% of the total free-market residential floor area. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Free-market residential units shall not be able to utilize any exemptions to floor area outlined in Section 26.575.020(D), Measuring Floor Area, except as noted above. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off units, this maximum shall apply to the largest possible combination of units. 14. Net Livable Area (square feet): a) Affordable multi family housing: No limitation. b) Free -Market Residential: Overall net livable area for a building or project is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. i. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. ii. The property owner may increase individual multi -family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: Code Amendment — CC and C-I Zones Ordinance 25, Series 2015 Page 4 of 10 • 1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the use. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. is Section 2: Chapter 26.710.150 — Commercial (C-1), Permitted uses, shall be amended as follows: 26.710.150 Commercial (C-1). A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed -use buildings with commercial uses on the ground floor, opportunities for affordable residential density, allow free-market housing legally established prior to adoption of Ordinance 25, Series 2012, and to support vacation rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, lodging uses, office uses, arts, cultural a.nd civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed.as the sole use of the ground floor. Automobile drive -through service is prohibited. 2. Uses allowed on second floors: Lodging, affordable multi -family housing. 3. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and its associated commercial uses. Code Amendment —CC and C-1 Zones Ordinance 25, Series 2015 Page 5 of 10 4. Free -Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. 5. Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Affordable multi -family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area (square feet): a. Bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit square feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet),. a. Bed and breakfast:' Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. • 7. Minimum utility/trash/recycle area; Pursuant to Chapter 12.06. Code Amendment —CC and C-1 Zones Ordinance 25, Series 2015 Page 6 of 10 • 8. Maximum height: a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: i. For properties located on the south side of a Street: 1. Twenty -Eight (28) feet for two story elements of a building. ii. For properties located on the north side of a Street: 1. Twenty -Eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to thirty- eight (38) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. 2. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. 3. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. City Council may approve third story conditioned space that exceeds this footprint limitation if the proposed development is compatible with the community character and is . in harmony with the public interest. 9. Minimum floor heights: a. Minimum First Floor to Second Floor floor -to floor height: Eleven (11) feet., b. Minimum Upper Floor -to -ceiling height: Nine (9) feet. c. Floor -to -Ceiling heights in upper floors shall be less than the floor -to -ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet):, a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. Code Amendment — CC and C-1 Zones Ordinance 25, Series 2015 Page 7 of 10 • b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi -family housing: No limitation. d. Lodging: .5:1, which may be increased to 2:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. e: Bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same -sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. f. Free -Market multi family housing: Limited to the existing FAR. No expansion to FAR shall be permitted except at -grade patios, and decks (other than roof -top decks), balconies, exterior stairways, trellis, and other similar features up to 15% of the total free-market residential floor area. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Free-market residential units shall not be able to utilize any exemptions to floor area outlined in Section 26.575.020(D), Measuring Floor Area, except as noted above. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off • units, this maximum shall apply to the largest possible combination of units. 14. Net Livable Area (square feet): a) Affordable multi family housing: No limitation. b) Free -Market Residential: Overall net livable area for a building or project is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. iii. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. iv. The property owner may increase individual multi -family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: 4) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. . 5) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by Code Amendment —CC and C-1 Zones Ordinance 25, Series 2015 Page 8 of 10 • transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 6) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the use. Commentary: Refer to Chapter 26. 535 for the procedures for , extinguishing certificates. 15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. Section 3: Any scrivener's errors contained in the code amendments' herein,"including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 4: 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 5: Severability. If anysection, 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 6: 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 7• A public hearing on this ordinance was held on the 10'h day of August, 2015 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 was 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 27th day of July, 2015. At • Linda Manning, City Cle k Code Amendment —CC and C-1 Zones Ordinance 25, Series 2015 Page 9 of 10 • FINALLY, adopted, passed and approved this 1 Oth day of August, 2015. Att t: Linda Manning, City Cler Approved as to form: J kesR.rue, City Attorney • '_ 4C Skad on, Mayor Code Amendment —CC and C-1 Zones Ordinance 25, Series 2015 Page 10 of 10 Jessica Garrow From: Jessica Garrow Sent: Monday, August 10, 2015 4:21 PM To: City Council Cc: 'hsk@kceclaw.com'; Jody Edwards Oee@kceclaw.com); Jim True; 'jimlindsaysmith@aol.com'; Chris Bendon; Linda Manning Subject: Updated Ordinance 25, Series 2015 - CC and C-1 Zone Districts Attachments: Ordinance 25 2015_updated.docx Dear City Council, Attached is an updated Ordinance for the CC and C-1 Zone District Amendments you are hearing tonight. I will also bring hard copies to the meeting. I believe I uploaded the incorrect ordinance to SIRE, and the version online does not reflect all the changes that are included in Exhibit B, which are the redlines. The attached updated Ordinance incorporates all the redlines that are in Exhibit B. I apologize for any confusion this may have caused. Thanks, Jessica Jessica Garrow, AICP Long Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspencommunitvvision.com www.asi)eni)itkin.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 upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 0 ORDINANCE No. 25 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.710.140 — COMMERCIAL CORE (CC) ZONE DISTRICT, AND CHAPTER 26.710.150 — COMMERCIAL (C-1) 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 prepare amendments to the Commercial Core (CC) and Commercial (C-1) Zone Districts; 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 regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 22, 2015, the City Council approved Resolution No.64, Series of 2015, requesting code amendments to the Land Use Code for the CC and C-1 Zone Districts; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.710.140 — Commercial Core (CC) Zone District and Chapter 26.710.150 — Commercial (C-1) Zone District; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.710.140 — Commercial Core (CC), shall be amended as follows: 26.710.140 Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service, commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable Code Amendment —CC and C-1 Zones Ordinance 25, Series 2015 Page 1 of 10 4 housing, legally established free-market housing, and short term vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front -most street -facing facade. This prohibition shall not apply to split-level buildings (see definition) or properties north of Main Street. Parking shall not be allowed as the sole use of the ground floor. Automobile drive - through service is prohibited. 3. Uses allowed on second floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi -family housing. 4. Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). 5. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and its associated commercial uses. 6. Free -Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. 7. Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Gasoline service station. 2. Commercial parking facility, pursuant to Chapter 26.515. Code Amendment —CC and C-1 Zones Ordinance 25, Series 2015 Page 2 of 10 D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: 1. Minimum Gross Lot Area (square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear yard setback (feet): No requirement 7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06. 8. Maximum height (feet): a) For properties located on the south side of a Street: (1) Twenty -Eight (28) feet for two story elements of a building. b) For properties located on the north side of a Street: (1) Twenty -Eight (28) feet for two story elements of a building. (2) Thirty-eight (38) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. (a) Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. (b) The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. City Council may approve third story conditioned space that exceeds this footprint limitation if the proposed development is compatible with the community character and is in harmony with the public interest. 9. Minimum floor to floor heights: a) Minimum First Floor to Second Floor floor -to floor: Thirteen (13) feet. b) Minimum Upper Floor -to -ceiling height: Nine (9) feet. c) Floor -to -Ceiling heights in upper floors shall be less than the floor -to -ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet: No requirement. Code Amendment — CC and C-1 Zones Ordinance 25, Series 2015 Page 3 of 10 11. Public amenityspace: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. e. Commercial uses: 2:1. f. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.75:1. g. Affordable multi -family housing: No limitation. h. Lodging: 0.5:1, which may be increased to 2.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. Free -Market multi family housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Free-market residential units shall not be able to utilize any exemptions to floor area outlined in Section 26.575.020(D), Measuring Floor Area. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off units, this maximum shall apply to the largest possible combination of units. 14. Net Livable Area (sauare feet): a) Affordable multi family housing: No limitation. b) Free -Market Residential: Overall net livable area for a building or project is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to_2,000 sq. ft. of net livable area. i. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470,for procedures related to combining and demolition of residential units. ii. The property owner may increase individual multi -family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: 1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. Code Amendment —CC and C- I Zones Ordinance 25, Series 2015 Page 4 of 10 2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the use. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. Section 2: Chapter 26.710.150 — Commercial (C-1), Permitted uses, shall be amended as follows: 26.710.150 Commercial (C-1). A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed -use buildings with commercial uses on the ground floor, opportunities for affordable residential density, and to support vacation rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on basement ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, lodging uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. Automobile drive -through service is prohibited. 2. Uses allowed on second floors: Lodging, affordable multi -family housing. 3. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and its associated commercial uses. 4. Free -Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. Code Amendment — CC and C-1 Zones Ordinance 25, Series 2015 Page 5 of 10 I 5. Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Affordable multi -family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area (square feet a. Bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback (feet a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06. 8. Maximum height: a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: Code Amendment —CC and C-1 Zones Ordinance 25, Series 2015 Page 6 of 10 i. For properties located on the south side of a Street: 1. Twenty -Eight (28) feet for two story elements of a building. ii. For properties located on the north side of a Street: Twenty -Eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to thirty- eight (38) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. 2. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. 3. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. City Council may approve third story conditioned space that exceeds this footprint limitation if the proposed development is compatible with the community character and is in harmony with the public interest. 9. Minimum floor heights: a. Minimum First Floor to Second Floor floor -to floor height: Eleven (11) feet. b. Minimum Upper Floor -to -ceiling height: Nine (9) feet. c. Floor -to -Ceiling heights in upper floors shall be less than the floor -to -ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi -family housing: No limitation. Code Amendment — CC and C-1 Zones Ordinance 25, Series 2015 Page 7 of 10 d. Lodging: .5:1, which may be increased to 2:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. e. Bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same -sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. f. Free -Market multi family housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Free-market residential units shall not be able to utilize any exemptions to floor area outlined in Section 26.575.020(D), Measuring Floor Area. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off units, this maximum shall apply to the largest possible combination of units. 14. Net Livable Area (ware feet a) Affordable multi family housing: No limitation. b) Free -Market Residential: Overall net livable area for a building or project is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to_2,000 sq. ft. of net livable area. iii. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.4 70for procedures related to combining and demolition of residential units. iv. The property owner may increase individual multi -family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: 4) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 5) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 6) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the use. Code Amendment —CC and C-1 Zones Ordinance 25, Series 2015 Page 8of10 Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. Section 3• Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 4: 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 5: 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 6: 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 7• A public hearing on this ordinance was held on the t, day of , 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 was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 12014. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2015. Attest: Code Amendment — CC and C-1 Zones Ordinance 25, Series 2015 Page 9 of 10 Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: City Attorney Code Amendment — CC and C-1 Zones Ordinance 25, Series 2015 Page 10 of 10 t J Sn�r1-►� hanci�rt Ord. 27-2010 . 1/10/11 . Balcony/Deck: Size above 15% of allowed FAR counts as additional FAR . Roof overhang on ground level patios limited to 30"; if over 30", entire feature counts as floor area Ord. 7-2014 . 4/28/14; 4-0 vote (Romero not present) . Applies to mixed use, commercial and lodge buildings in 6 zones, including CC and C1 . Decks, balconies, exterior stairways, trellises] and similar features are exempt from floor area calculations . Roof overhang on ground -level patio limited to 4'; if over 4', entire feature counts as floor area Views of Proposed 302 Porch Expansion a.: Current Proposed Expansion d A P" 'A j-*--r Ordinance 25-2015 Options for Area Exemptions 1. Allow all free-market units in CC and C-1 to take advantage of all Floor Area Exemptions in the Land Use Code. This would include exemptions for deck space, storage area, garages, and at -grade patios. 2. Allow all free-market units in CC and C-1 to take advantage of some of Floor Area Exemptions in the Land Use Code. If Council chooses this option, staff recommends the exemptions be limited to decks and at - grade patios, as these spaces are not enclosed andhave less of an impact on the bulk and mass of a building than other exempt areas that are fully enclosed (garages and storage areas). 3. Allow all free-market units only in C-1 to take advantage of all or some of Floor Area Exemptions in the Land Use Code. 4. Prohibit all free-market units in CC and C-1 from using any of the Floor Area Exemptions in the Land Use Code. For this code amendment, staff suggests this approach is most appropriate. While not technically expanding Floor Area, staff believes these changes constitutes expansion of the units. Jessica Garrow er*M 9h0)Z0IVD_ From: Judy <judyf@protechfl.com> Sent: Monday, August 10, 2015 3:08 PM To: Steve Skadron; Adam Frisch; Ann Mullins; Art Daily; Bert Myrin Cc: Chris Bendon; Jessica Garrow Subject: Ordinance 25 of 2015 - Concept 600 Dear Council Members, Thank you Mayor Skadron and City Council Members for your work to restore the property rights for those of us who own in Concept 600. I hope in this ordinance, as you make us "conforming in use", that you also allow us to expand our decks and put 4t floor roof overhangs, as needed, to protect our balconies from extreme weather deterioration caused by the current "non -conforming" limitation. Thank you, Dr. Judy Fick Jessica Garrow From: Ralph Doran <ralphcdoran@gmail.com> Sent: Monday, August 10, 2015 3:30 PM To: Steve Skadron; Adam Frisch; Ann Mullins; Bert Myrin; Chris Bendon; Jessica Garrow Subject: Ordinance 25 and Concept 600 I purchased a second floor condo in Concept 600 in the early 80s. Several years later I had an opportunity to purchase a top floor condo where ever since I have spent part of every year with my wife and three kids. My daughter so loved Aspen and Colorado that when she graduated from high school in Atlanta, she went to U of Co, Boulder where she graduated in 2007. All of these years we have been proud to say that we live in Concept 600 and for the most part anyone I told knew where Concept was/is. The compliments were always along the line of what a wonderful location, view, neighbors, etc. One of my old friends, Bob Knight, long time post office official even gave me his collection of newspaper clippings of the fire that consumed part of the original building in 1974. 1 know I speak for all of my friends and Concept neighbors when I say that Ordinance 25 is very important to us. We are committed to our "homes", we want Concept to be a wonderful spot in Aspen. On behalf of my family, we want to thank you all for your work to restore our property rights, to help make us "conforming in use", to permit us to continue to keep our end of Main St. bright and homey. Sincerely, Ralph, Beth, Patrick, Molly and Kevin Doran; Concept 402 Sent from my iPad Jessica Garrow From: jimlindsaysmith@aol.com Sent: Sunday, August 09, 2015 1:59 PM To: Steve Skadron; Art Daily; Adam Frisch; Ann Mullins; Bert@Myrin.com; Chris Bendon; Jessica Garrow Cc: hsk@kceclaw.com; jee@kceclaw.com; aewente@hollandhart.com; rcoppock@burrbuster.com; rhbor@ix.netcom.com; chuckvidal@ymail.com Subject: Comments on Ordinance 25-2015: Second Reading before Council Attachments: 1 -Ord 7 of 2014.pdf; 2 - Staff Memo, Ord 7 of 2014.pdf; 3 - Porch Expansion.pdf; 4 - History Chart.pdf Date: August 9, 2015 To: Mayor Steve Skadron Art Daily Adam Frisch Ann Mullins Bert Myrin From: Jim Smith President Concept 600 HOA Subject: Comments on Ordinance 25-2015: Second Reading before Council Dear Mayor Skadron and Council Members Concept 600 (C600) owners appreciate the time and effort that both Community Development and Council have given to returning the property rights C600 owners lost due to Ordinance 25-2012. Ordinance 25-2012 was a well -intended step to prevent new, downtown development that did not preserve the vitality provided by active residential and commercial operations. Unfortunately, it had the adverse effect of rendering almost 200 CC and C1 existing, free-market residential uses non -conforming, thus depriving their owners of long -held property rights. Community Development's Alternative Proposals for Decks C600 owners are requesting that along with the rights that Council appears to be restoring to existing residential units in the CC and C1 zone districts, that Council also restore the former rights to expand decks and add overhangs to the top floor. Since some Council members asked whether allowing deck expansions would undermine the intent of Ord. 25-2012, we thought it would be helpful to remind everyone about Ordinance 7-2014, the recent code amendment that exempted all deck space from counting toward FAR in mixed -use and other buildings in the commercial zones. At that time, Staff supported larger decks and Council agreed. This ordinance was adopted after Ord. 25-2012, so it is reasonable to assume that larger decks do not undermine the intent of Ord. 25-2012. The Community Development Department's Memo and draft of Ordinance 25-2015 that was sent in your package for Monday night's 2nd reading hearing, presents Council with four alternatives for deck expansion. The fourth one, recommended by Staff, is to not allow expansion of free-market residential decks in the CC and C1 zones, thus rejecting Ordinance 7-2014 (see Attachment 1) for those two zones. Contrary to its current recommendation, the Staff Memo for Ord. 7-2014 supported expansions of decks and asserted that these features were beneficial to the goals of Ord. 25-2012. We do not see how conditions have changed to warrant reversing this part of the Code as it affects existing residential units and we respectfully disagree with Staff's current recommendation. Along with the attached Ord. 7-2014 is the associated Staff Memo (Attachment 2). The relevant sections in both the ordinance and memo are highlighted. Ord. 7-2014 and its Staff Memo also addressed the issue we have about overhangs over decks by broadening the previous FAR exemption for overhangs from 30" to 4 feet. The Staff Memo pointed out to Council exactly the same reasons that Concept 600's owners have asserted for allowing these overhangs on the decks on the top floor units. Again, this history is relevant and should be helpful to Council in their deliberations. It was only about one year ago when Council addressed this, and we feel it is important for you to be reminded about this history and your decision at that time to allow these overhangs. It is not clear from the current draft version of Ord. 25-2015 that is now before you how the overhang issue will be treated and we request that this point be clarified. Attachment 3 is a picture of a proposed C600 balcony expansion that shows what one of those balcony expansions would look like - a modest change in size but a significant addition to vitality. There is no way these small expansions would have an adverse impact to both the C600 commercial uses and the vitality of CC and C1 zones. (Please take a brief stroll past C600 on your way to the Council meeting; it should help confirm this conclusion.) To dispel fears that C600 would add a roof -top deck, our structure does not support one and the owners don't want one. Owners are only seeking the right to add small areas to their existing decks, which was permitted under Ordinance 7-2014 to conforming residential units. History of CC and C1 Property Rights Ordinances Since 2004 In order to follow the history (since 2004) of CC and C1 property rights ordinances, please refer to Attachment 4. This table presents these ordinances as well as the rights (highlighted) C600 owners are requesting that, with your help, will be restored. As presently drafted, Ordinance 25-2015, the new ordinance that is intended to return all the owners' lost property rights, does not restore all of those rights if it does not allow deck expansions. In addition, it is not clear if roof overhangs over top -floor decks would be permitted. The table shows that C600 owners were provided those rights as early as Ordinance 27-2010 but lost them after being deemed non -conforming by Ordinance 25-2012. The table further points out that over a year after the approval of Ordinance 25-2012, Council passed Ordinance 7-2014. This ordinance went beyond Ord. 27-2010 in that it exempted all the floor area of decks/balconies, etc. from counting toward FAR in mixed -use, commercial and lodging buildings in six zones including CC and C1. This staff -supported ordinance was adopted after Ordinance 25-2012 showing that larger decks were now desirable. While we greatly appreciate the partial restoration of our rights by acknowledging the unintended consequences of Ord. 25 of 2012's provisions making our homes non -conforming uses, we see no reason to deprive us of the same FAR exemptions that other residential properties enjoy. Restoring the rights for deck expansions and 4-foot overhangs were strongly favored just one year ago. We do not believe Council wants us to remain second-class citizens, in a sort of limbo, where we are somewhat conforming, but not conforming enough to have all the same rights we had before Ord. 25 of 2012. Again, thank you for your time and consideration, Sincerely, Jim Smith 4 Attachments Attachment 1: Ordinance 7-2014 Attachment 2: Staff Memo that accompanied Ordinance7-2014 Attachment 3: "Before" photo of porch and an "after -proposed -expansion" photo of same porch Attachment 4: History of CC and C1 Property Rights Ordinances Since 2004 Attachment 1 ORDINANCE No. 7 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 — MISCELLANEOUS SUPPLEMENTAL REGULATIONS, CHAPTER 26.104.100 — DEFINITIONS, AND CHAPTER 26.314 — NONCONFORMITIES 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 prepare amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; 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 regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on February 10, 2014, the City Council approved Resolution No.10, Series of 2014, requesting code amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.575 — Miscellaneous Supplemental Regulations, 26.104.100 — Definitions, 26. 314 - Nonconformities; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.575020.D.3 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area of attic spaces and crawl spaces, shall read as follows: Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure or between the ground and floor framing which is Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 1 of 15 Attachment 1 accessible only as a matter of necessity is exempt from the calculation of Floor Area as described below. Drop ceilings are not included in the height measurement for crawl spaces. Crawl spaces that meet the following are exempt from Floor Area calculations: 1. 5 feet 6 inches or less in height measured between the hard floor structure and floor framing; and 2. Accessible only through an interior floor hatch, exterior access panel, or similar feature; and 3. Are the minimum height and size reasonably necessary for the mechanical equipment. Stacked crawl spaces do not qualify for the Floor Area exemption. Crawl spaces greater than 5 feet 6 inches in height count toward Floor Area in accordance with Section 26.575.020.D.8 Subgrade areas. Attic space that is conveniently accessible and is either habitable or can be made habitable shall be counted in the calculation of Floor Area. Areas of an attic level with thirty (30) vertical inches or less between the finished floor level and the finished ceiling shall be exempt, regardless of how that space is accessed or used. If any portion of the attic or crawl space of a structure is to be counted, then the entire room shall be included in the calculation of Floor Area. Examples of attic and crawl spaces that do and do not count toward Floor Area: a) An attic area created above a "hung" or "false" ceiling is exempt. b) A crawl space that is 6 feet in height that is accessible only through an interior hatch counts. c) An attic area accessible only through an interior pull -down access ladder is exempt. d) An unfinished attic space or an unfinished crawl space over 4 feet in height which has convenient access is counted. e) A crawl space that is 5 feet 6 inches in height, is accessible only through an interior hatch and is a reasonable size to accommodate the mechanical equipment is exempt. Section 2: Chapter 26.575020.D.4 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for decks and similar features, shall read as follows: 4. Decks Balconies Loggias, Gazebos, Trellis, Exterior Stairways, and non -Street -facing porches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, trellis, exterior stairways, non -Street facing porches, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 2 of 15 Attachment 1 of the allowable floor area for the property and the use and density proposed, or as otherwise exempted by this Section. If the area of these features exceeds fifteen percent (15%) of the property's allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent (15%) shall be attributed towards the allowable Floor Area for the property. The allowable Floor Area for the purpose of this calculation refers to the Floor Area calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a site specific approval, with the following exceptions: Floor Area bonus, or established or extinguished Transferrable Development Right certificates are not included. Decks, balconies, exterior stairways, trellis, and similar features of a mixed use, commercial, or lodge building located within the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Neighborhood Commercial (NC) Zone District, the Lodge (L) Zone District, or the Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations. The area of the following features count toward deck calculation: railing, permanently fixed seating, permanently fixed grills, and similar permanently fixed features. Permanent planter boxes and green roofs that are a minimum of 30" in height above or below the deck surface, measured from the deck surface to the bottom of the planter box or green roof surface, and that are permanently built into the structure of the roof or deck are not included in the deck calculation. Permanent planter boxes and green roofs that do not meet the minimum requirement count toward deck calculation. Unenclosed areas beneath decks, balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath porches, gazebos, and decks or balconies when those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. Section 3: Chapter 26.575020.D.6 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for patios and landscape terraces, shall read as follows: 6. Patios. Patios developed at or within six inches of finished grade shall not be counted towards Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to four feet, as measured from the face of the building, and remain exempt from Floor Area calculations. When roof overhangs or similar architectural projections exceed four feet, the entire feature counts toward Floor Area. Section 4: Chapter 26.575020.D.8 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for subgrade areas, shall read as follows: 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 3 of 15 Attachment 1 The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. Window Wel Exposed - Area below more restrictive grade Percentage of exterior wall that's exposed equals the amount of subgrade area that will count towards floor area calculation Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. Floor structure does not include drop ceilings. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 4 of 15 Attachment 1 !S Floot Structure } Ares of wall to be usedfor aubgrade 1 calculatron Foundation and Floo: Structure FoundationFoow — —. Figure 5: Measuring the Area of a Subgrade wall When considering multi -level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall I L A l Stairs Space A and B are on the same level, while Space A and C are on different levels. Figure 6: Determining different building levels area shall include the area within the gable of the roof. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/14 Page 5 of 15 Attachment 1 :Area counts rds wall lation I 1 ---------------J Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area, the garage exemption is taken from the total gross below -grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption — the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet = 300 square feet of the garage which is exempt. Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. For subgrade spaces with adjoining crawl spaces exempt pursuant to Section 26.575.020.13.3, a line is drawn to separate the basement space from the crawl space for the purposes of calculating the perimeter and gross area measurements. Exempt crawl space is not included in the perimeter, wall area, and floor area measurements. Section 5: Chapter 26.575020.D.14 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure and calculate floor area for nonunit space, shall read as follows: Allocation of Non -unit Space in a mixed -use building. In order to determine the total floor area of individual uses in a mixed -use building, the floor area for non -unit space, which is common to all uses on the property, shall be allocated on a proportionate basis to the use categories outlined in the subject zone district's FAR schedule. To determine the non -unit space allocation in a building, a calculation of the building's gross floor area, which refers to the floor area of a building as calculated according to the Land Use Code plus subgrade levels, is required. The building's gross floor area, minus all non -unit space, shall be divided proportionately amongst the individual use categories in a Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/14 Page 6 of 15 Attachment 1 building. These numbers shall then be calculated as a percent of the gross floor area number. Garages, including subgrade garages, and carports in mixed use buildings that contain residential units are considered non -unit space. When a feature is used exclusively by one use, the space shall be attributed to the floor area for that use. Gross floor area calculation: For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area (including 500 sq. ft. basement) + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nonunit floor area (1,250 sq. ft.- 250 sq. ft. for exemptgarage) = 9,000 sq. ft. gross floor area Percentage of use category per building floor area: Then the total unit floor area in the building, not including non -unit space, would be eight thousand (8,000) square feet floor area (9,000 — 1,000). Using the allocation of non -unit space standard, the uses account for the following percentages of the total unit floor area: Commercial floor area = 25% [(2,000/8,000) * 100] Free-market residential floor area = 50% [(4,000/8,000) * 1001 Affordable housing floor area = 25% [(2,000/8,000) * 100] Application of use percentages to non -unit floor area: A proportionate share of the non -unit floor area shall then be allocated towards each use category. Floor area exemptions that apply to non -unit space, for example a garage or top level of a shared stairway tower, are deducted from the total non -unit floor area before allocating to each use category. Subgrade levels that do not count toward floor area shall not be included in the use category total when calculating floor area. This provision shall apply to all zone districts permitting mixed -use buildings. Therefore, the one thousand (1,000) square feet of non -unit space is allocated to the different uses as follows: Commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. Free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. Affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. The floor area for each use is as follows: Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 7 of 15 Attachment 1 Commercial floor area: 1,500 sq. ft. (2,000 sq. ft. total minus 500 sq. ft. exempt basement) + 250 sq. ft. = 1,750 sq. ft. Free market residential floor area: 4,000 sq. ft. + 500 sq. ft. = 4,500 sq. ft. Affordable housing floor area: 2,000 sq. ft. + 250 sq. ft. = 2,250 sq. ft. Examples: 1. Circulation features, for example hallways, that are shared (used by multiple uses) are considered non -unit space. 2. A shared elevator that serves all levels of a mixed use building (even if the top level terminates within a residential unit) is considered non -unit space. 3. Circulation that is specific to a use, for example a private elevator that only serves the residential component (i.e. it does NOT provide access to commercial levels), is allocated to the floor area of the specific use and is not considered non -unit space. 4. A stairway that is interior to a single unit, which for example connects a two level commercial space, counts toward commercial floor area. Section 6: Chapter 26.575020.E.5 — Miscellaneous Supplemental Regulations, Allowed Projections into Setbacks, which section describes what features are permitted to extend into a setback, shall read as follows: 5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: a) Above or below ground utilities including transformers and vaults, below -grade heating or cooling conduit or infrastructure such as a ground -source heat pump system, below -grade dry wells or other at -grade or below -grade drainage infrastructure. b) Trees and vegetation. c) Artwork, sculpture, seasonal displays. d) Flagpoles, mailboxes, address markers. e) Foundation footers, soil nails or below -grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f) The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. g) Building eaves, bay windows, window sills, and similar architectural projections up to eighteen (18) inches as measured from the setback boundary. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 8 of 15 Attachment 1 Section 7: Chapter 26.575020.F.2 — Miscellaneous Supplemental Regulations, Measuring Building Heights, which section describes how to measure building heights shall read as follows: 2. For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See subsection 3, below, for measurement method. a) Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top -most portion of the structure. b) Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof pitch from 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the eave point and the ridge. There shall be no limit on the height of the ridge. c) Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third ('/3) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. d) For barrel -vault roofs, height shall be measured by drawing a line within a vertical section between the top -most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. e) For "shed" roofs with a single -pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the ridge. f) For mansard roofs, height shall be measured to the flat roof as described above. g) Dormers shall be excluded from the calculation of height if the footprint of the dormer is 50% or less of the roof plane on which the dormer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. 1f there are multiple dormers on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. h) Butterfly roofs shall be measured in accordance with shed roof methodology. Section 8: Chapter 26.575020.F.4 — Miscellaneous Supplemental Regulations, Allowed Exceptions to Height, which section describes how to measure building heights shall read as follows: 1. Allowed Exceptions to Height Limitations. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 9 of 15 Attachment 1 a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do -dads shall be contained within the limitations of this height exception. On structures other than a single-family or duplex residential building or an accessory building, all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b) Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 — Wireless Telecommunication Services Facilities and Equipment. c) Elevator and Stair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d) Rooftop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. All railings shall be set back from any Street facing facade of the building by an amount equal to the height of the railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co -located to the greatest extent practicable. On structures other than a single-family or duplex Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 10 of 15 Attachment 1 residential building or an accessory building, all mechanical equipment shall be set back from any Street facing facade of the building a minimum of fifteen (15) feet. Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 — Special Review. (Also see setback requirements for these systems at sub -section E.5.) g) Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. h) Flag poles may extend over the specified maximum height limit. i) Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's front (street -facing) facade may extend horizontally for the first thirty (30) feet of the building's depth. j) Exceptions for light wells and basement stairwells. A basement stairwell required by Building Code for egress shall not be counted towards maximum permissible height. On street facing facades the minimum size lightwell entirely recessed behind the vertical plane established by the portion of the building fagade(s) closest to any Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk -out style light well) shall not be counted towards maximum permissible height. On non -street facing facades a lightwell that is no more than one hundred (100) square feet shall not be counted towards maximum permissible height. The Historic Preservation Commission is authorized to grant an exception to height for lightwells larger than one hundred (100) square feet on historic landmark properties that contain a historic resource upon a finding that the following conditions are met: a. Lightwell is not easily visible from the right of way. b. Approval of the exemption supports the preservation of the historic resource. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 11 of 15 Attachment 1 k) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built-in wet bars, built-in barbeque grills, cabinets, sinks, firepits, pools, hot tubs, etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption. This only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Neighborhood Commercial (NC) Zone District, or the Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of the building at the point the equipment is attached to the roof. This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum floor area of no more than 5% of the useable deck area is permitted. All permanent rooftop amenities shall be set back from any Street facing fagade of the building by a minimum of ten (10) feet. 1) Exceptions for skylight and light tubes A skylight or light tube typical of industry standards and meeting minimum Building Code standards shall not be counted towards maximum permissible height. Section 9: Chapter 26.575020.I and J — Miscellaneous Supplemental Regulations, Measurement of Net Leasable Commercial Space and Measurement of Net Livable Area, which sections describes how to measure net leasable commercial space and how to measure net livable area, shall read as follows: I. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable area and net livable area shall include all interior space of a building measured from interior wall to interior wall, including interior partitions. Net leasable area includes all interior areas which can be leased to an individual tenant with the exceptions noted below. Net livable area includes those areas of a building that are used or intended to be used for habitation with the exceptions noted below. Garages and carports are exempt from net leasable area and net livable area calculations. 1. Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more than 10 square feet, installed on the exterior of a building, shall be considered net leasable area and shall be subject to all requirements of the Land Use Code, including employee mitigation, prorated according to the portion of the year in which it is installed. 2. Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor vending, and similar commercial activities located outside (not within a building) shall also be included in the calculation of net leasable area. The calculation of such area shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Exterior decks and exterior seating are not included in the calculation of net leasable area. Vending machines shall not be considered net leasable area. Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 12 of 15 Attachment 1 The calculation of net leasable area and net livable area shall exclude areas of a building that are integral to the basic physical function of the building. All other areas are attributed to the measurement of net leasable commercial space or net livable area. When calculating interior stairways or elevators, the top most interior level served by the stairway or elevator is exempt from net livable or net leasable area calculations. Shared areas that count toward net leasable area and net livable area shall be allocated on a proportionate basis of the use category using the percentages that are generated pursuant to Section 26.575.020.D.14 Allocation of non -unit space in a mixed use building. Examples: 1. A broom closet of a minimum size to reasonably accommodate the storage of janitorial supplies for the entire building is considered integral to the physical function of the building and does not count toward net leasable area. 2. A shared commercial storage area that is larger than needed for the basic functionality of the building counts toward net leasable area because it is useable by the businesses. 3. A shared stairway and a shared circulation corridor (that access more than one use) are integral to the physical function of the building and do not count in the measurement of net livable area or net leasable area. 4. A stairway that is entirely within one residential unit counts toward the measurement of net livable area. 5. A private elevator that serves more than one residential unit, and does not provide access to other uses, does not count toward the measurement of net livable area. 6. A private elevator that serves only one residential unit, and does not provide access to other uses, counts toward the measurement of net livable area. 7. A shared mechanical room that is larger than the minimum space required to reasonably accommodate the mechanical equipment counts toward the measurement of net livable area or net leasable area as applicable. The area of the mechanical room that is the minimum size required for the mechanical equipment does not count in net livable area or net leasable area. Section 10: Chapter 26.575.050 — Miscellaneous Supplemental Regulations, Fences, which sections describes regulations for fences, shall read as follows: 26.575.050 Fence Materials Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter 26.410), Historic Preservation Design Guidelines (see Chapter 26.415), the Commercial Design Standards (see Chapter 26.412), Calculations and Measurements — setbacks (see Chapter 26.575.020.5), or the Engineering Design Standards (see landscaping). Fences visible from the Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 13 of 15 Attachment 1 public right-of-way shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry. Chain link, plastic, vinyl or synthetic fences are prohibited. Section 11: Chapter 26.575.060 Reserved, shall be changed to Driveways, and shall read as follows: 26.575.060 Driveways Driveways are not permitted to be gated. Section 12: Chapter 26.104.100 — Definitions, which sections defines specific terms in the Land Use Code, shall add a definition of "trellis" and add a definition of "gross floor_ area", and shall omit "landscape terrace" as a definition, and shall change the definition of "patio', "non -unit space", and "net leasable commercial space" as follows: Trellis. An uninsulated, unheated stand-alone structure of open latticework for the purpose of supporting vines or other climbing plants. A roof that is no more than 50% solid material for shade is permitted. Walls of any material are prohibited. Gross floor area. For the purposes of calculating non -unit space, gross floor area is the total floor area considering all inclusions and exclusions as calculated herein plus gross area of all subgrade levels measured from interior wall to interior wall. Net leasable area. Areas within a commercial or mixed use building which are permitted to be leased to a tenant and occupied for commercial or office purposes. This also includes commercial areas within a lodge that are open to the general public. (Also see Section 26.575.020 — Calculations and Measurements.) Non -unit space. The floor area, considering all inclusions and exclusions as calculated herein, within a lodge, hotel or mixed use building that is commonly shared. (Also see Section 26.575.020 — Calculations and Measurements.) Patio. An outdoor uncovered, at -grade space which may be paved or unpaved. (A "covered patio" not connected to any other building is considered a Gazebo.) Commercial use. Land, structure, or portion of a structure intended to support offices, retail, warehousing, manufacturing, commercial recreation, restaurantibar or service oriented businesses, not including lodge units or hotel units. Section 13: Chapter 26.312.020 — Nonconformities, which section explains prohibited changes to nonconforming uses, shall be changed to specific the following: C. Extensions/expansions. Nonconforming uses shall not be extended or expanded. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming use by increasing the net leasable area, the net livable area of a dwelling unit, or the area within a structure in which such nonconforming use is located; or Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 14 of 15 Attachment 1 2. Occupancy of additional lands; or, 3. Increasing the size, considering all dimensions, of a structure in which a nonconforming use is located. Section 14: 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 15: 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 16: 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 17: A public hearing on this ordinance was held on the 28`h day of April, 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 was 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 I O'h day of March, 2014. Attes � athryn S. ch, City Clerk Steven` kadro , Mayor FINALLY, adopted, passed and approved this 280' day of April, 2014. Attes 4Cathryn S. K , City Clerk Approved as to form: ty Attorney _ 1 , Steven Skadr n, Mayor Code Amendment — Misc. Calculations & Measurements Ordinance 7, Series of 2014 4/28/ 14 Page 15 of 15 Attachment 1 Ad Name: 10010633A Customer: Aspen (LEGALS) City of Your account number: 1013028 PROOF OF PUBLICATION T21 A2:1 TIMIS STATE OF COLOR -ADO, COUNTY OF PITKIN I, Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 3/13/2014 and that the last publication of said notice was in the issue of said newspaper dated 3/13/2014. In witness whereof, I have here unto set my hand this 03/24/2014. Jim Morgan, Genera Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 03/24/2014. Pamela J. Schultz, Notary Public Commission expires: November 1, 2015 20,�pRV A/ie(Ci i PAMELA J. SCHULTZ ° zi�C(,** Ih GWrtmion Expires lgolI i015 LEGAL NOTICE ORDINANCE 7, 2014 PUBLIC HEARING Ordinance V. Series of 2014 was adopted on first reading at the City Council meeting March 10, 2014. This ordinance, if adopted, will ap- prove a miscellaneous land use code amend- ments. The public hearing on this ordinance is scheduled for March 24. 2014 at 5:00 p.m. City Hall, 130 South Galena. To see the entire text, go to the city's legal no- tice website http://www. aspen p ttkln.coMDep artments/CleWL egal-Notices/ pal would like a copy FAXed or e-malled to you, call the city clerk's office, 429-2687. Published in the Aspen Times Weekly on March I 13, 2014. [10010633) J ();-IC _/-) (� �r Attachment 2 P72 Vll.a MEMORANDUM TO: Mayor and City Council FROM: Sara Adams, Senior Planner THRU: Chris Bendon, Community Development Director RE: Calculations and Measurements Code Amendment Ordinance 7, Series of 2014, First Reading MEETING DATE: March 10, 2014 (Public Hearing 3/24/14) SUMMARY: The attached Ordinance includes a proposed language to amend the calculations and measurements section of the Land Use Code. The objective of the code amendment is to update and clarify the process to measure floor area, allowances in setbacks, and the process to measure height. This update intends to provide predictability in zoning review by adding examples and, in some cases, more specific language. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance on First Reading. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the I" reading of proposed code amendments to the Calculations and Measurements regulations of the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: The City's Calculations and Measurements section of the Land Use Code is very technical and very specific. It explains what does and does not count toward floor area, how to count internal spaces, how to measure height, what is allowed in setbacks, etc. Every few years this section of the Code needs updating to remain relevant to current building practice, to create more predictability in zoning review, and to ensure that the purpose of the requirement is met. City Planning Staff maintain a "redline" version of the Land Use Code, largely for the calculations and measurements section, which highlight areas that need to be updated, clarified or rewritten. These highlights are largely informed by complex projects that expose existing 3.10.2014 — First Reading Calculations and Measurements Code Amendment Page 1 of 5 Attachment 2 P73 loopholes or confusing language. The "redline" changes and recent Code interpretations are incorporated into the proposed Code amendment. VII.a There are very few policy changes proposed. Most of the changes are clarifications and slight adjustments. The proposed changes to current zoning policy include: calculation of crawl space, height measurements for rooftop amenities, height measurements for lightwells (resulting from Council direction regarding the 201 E. Hyman project), and decks calculations for non- residential building types. A summary of the proposed changes is below. A red -line version of the proposed language is attached as Exhibit B. Crawl spaces: The current Code counts crawl spaces as floor area if there is exposed wall (using the basement calculation), the space is easily accessible and the space can be made habitable. Crawl spaces are usually subgrade or partially subgrade areas that are unfinished (i.e. not heated, concrete slab on grade floor, etc.). Typically mechanical equipment is found in these areas. The philosophy behind counting these spaces is that if the space is easily accessible it will become useable space that should count toward floor area. Developers were labelling subgrade rooms as crawl space to be exempt from floor area with the intention of finishing the space into a habitable room after a Certificate of Occupancy was granted. There is currently no distinction between crawl space and basement space other than how it is accessed and whether it can be made habitable. The proposed Code amendment allows crawl spaces up to 4' in height to be exempt from floor area calculations. Proposed Amendment: Any crawl space that is less than 4' in height that it is accessed by an interior hatch or exterior access panel is exempt from floor area calculations. Space over 4' in height counts in accordance with the measurement for basement space (a percentage of the exposed wall counts). Pros: There is a prescriptive and objective measurement for when a crawl space counts toward floor area that provides predictability for the applicant and a faster zoning review. Using 4' as a threshold height ensures that crawl spaces are not converted to living space. Cons: None. 15% Floor Area Exemption: The current Code exempts decks, balconies, exterior stairways, and similar features from floor area calculations up to 15% of the allowable floor area on the parcel for the use and density. This means that a mixed use building has a separate 15% calculation for each use: for example, a building with 1,000 square feet of residential and 2,000 square feet of commercial means that 150 square feet of residential deck is exempt and 300 square feet of commercial deck is exempt. The challenge is when it is a "shared" deck between free market residential, affordable housing and commercial uses, which in Staff s experience translates to a deck used exclusively by the free market residential units. Staff is supportive of rooftop decks and finds that they beautify the view of Aspen from the gondola and surrounding vantage points. Setbacks from the building edge for rooftop amenties 3.10.2014 — First Reading Calculations and Measurements Code Amendment Page 2 of 5 Attachment 2 P74 Vll.a (discussed in a different section) can alleviate perceptions of additional mass and scale on roofs as experienced by the pedestrian. Proposed Amendment: Omit the 15% calculation for mixed use, lodge and commercial buildings in specific zone districts. No restriction on decks, balconies and exterior stairways, etc. Decks are still required to meet specific setbacks for rooftop amenities (see the height exemption amendment below). Pros: A more organized and attractive view of town from the gondola or Smuggler Mountain. Simplified calculation and permit review process for commercial, mixed use, and lodge buildings. Cons: Possibly more stuff on rooftops that could contribute to the perception of taller buildings. Eave Overhangs: The current Code exempts space beneath an eave overhang up to 30" from floor area calculations. Eaves in excess of 30" count toward the 15% deck calculation. The philosophy is that large eaves contribute to the mass of a building, typically create a covered deck scenario, and should be counted toward the 15% deck calculation. Proposed Amendment: Allow eave overhangs up to 4' to be exempt from floor area calculations. Larger eaves provide better solar protection which can reduce heating/cooling costs. In addition a 4' eave is barely enough covering for 1 chair — it does not create a covered deck situation that in Staff s opinion should count toward the 15% exemption for residential buildings. Pros: Encourages better solar protection for new buildings. Cons: Provides more exempt space. Calculation of Non -unit space: Areas that are shared by all uses in a mixed use building are generally considered non -unit space. The floor area for these spaces are divided proportionately between the different uses within the building to compute the total floor area associated with an individual, permitted use in a building such as retail and restaurant, lodging or affordable housing. The amount of non -unit space allocated to each use is calculated as a percent of the "gross floor area" of the building minus the non -unit space. The reason for this calculation is because the size of the permitted use is directly related to the impact on the common areas. For example, in a building that is 75% commercial and 25% affordable housing, the commercial use will utilize more of a common mechanical room than the affordable housing use. Proposed Amendment: The proposed language clarifies specific inclusions and exclusions for this calculation and does not change the current policy. Examples are added for clarity. Pros: Provides more specific explanation of calculation and examples. No change to policy. Cons: None. Exceptions to Height - Lightwells: The Code currently exempts lightwells and basement stairwells from height measurement when the feature is the minimum size required by building 3.10.2014 — First Reading Calculations and Measurements Code Amendment Page 3 of 5 Attachment 2 P75 VII.a code. Council considered a request for a height variance for the residential historic landmark at 201 E. Hyman Ave (adjacent to Limelight). During the hearing Council directed Staff to bring forward language that would permit certain lightwell sizes and locations to be exempt from height measurements. The policy direction was based on the idea that lightwells interior to a property do not adversely impact perceptions of building height. Proposed Amendment: Lightwells that are 100 square feet or less on non -street facing facades are exempt from height measurements. Specific to the issue discussed during the 201 E. Hyman discussion, HPC is authorized to grant a height exemption for landmark projects that propose a lightwell greater than 100 square feet upon a finding that specific criteria are met. Pros: Allows more flexibility in site planning and design which may result in better projects and less above grade floor area. Cons: May result in large pits. Exceptions to Height - Rooftop Amenities: The Code is currently silent on built-in rooftop amenities. Staff discussed rooftop amenities with Council during a worksession in 2013. Proposed Amendment: Mixed use, lodge, or commercial buildings, permanent rooftop amenities (i.e built-in bbq, hot tubs, wet bars, etc.) may extend 5 ft. above the height of the building at the point where the equipment is attached with the condition that all amenities are located a minimum of 10 ft. from any street facing fagade. Pros: Allowing these amenities promotes well -designed rooftop spaces, and requiring a setback from street facades mitigates visual impacts to pedestrians. Cons: May result in more stuff on downtown roofs. Measurement of Net Livable Area and Net Leasable Space: The calculation of net livable area and net leasable space includes all interior spaces of a building that are not integral to the physical function of the building. The current Code language exempts certain areas from net livable area and counts the same areas for net leasable area. The proposed amendment treats net livable area and net leasable space the same and minimizes the exemptions. Examples are added for clarity. Proposed Amendment: Net livable area and Net leasable space includes all interior space of a building that can be leased to a tenant or is intended to be used for habitation. Spaces integral to a building's physical function, for example a janitor's closet is exempt from this calculation. Pros: Clarifies the existing policy. Treats net livable area and Net leasable space the same. Cons: None. Definitions: Staff proposes to add a definition of gross floor area to explain the changes to the non -unit space calculation. Staff also proposes to add a definition of trellis which is an allowed exemption to 3.10.2014 — First Reading Calculations and Measurements Code Amendment Page 4 of 5 Attachment 2 P76 Vll.a height as a rooftop amenity. The definition allows a trellis to have a 50% roof covering to provide shade to rooftop decks. Walls are not permitted. Nonconformities: Staff proposes an addition to the nonconforming uses section of the Land Use Code to clarify that buildings with nonconforming net leasable area or net livable area located within a structure cannot be enlarged. The prohibition of free market residential units in the Commercial Core necessitates this clarification. PUBLIC OUTREACH: Staff sent out a description of the changes and a link to the proposed language in the Community Development newsletter that reaches 586 professionals including contractors, architects, attorneys, and planners. Staff also sent the proposed changes directly to some of the local architecture firms to solicit feedback. Their feedback is incorporated into the proposed amendment where applicable. Due to the technical nature of the proposed amendment, the Planning and Zoning Commission and the Historic Preservation Commission were not specifically asked to comment. Many of the members subscribe to the newsletter. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance to amend the Miscellaneous Calculations and Measurements Section, Definitions Section and Nonconformities Section of the Land Use Code. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 7, Series of 2014 approving amendments to the Land Use Code upon first reading. Second Reading is scheduled for March 24, 2014." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Proposed Code Amendment Language (red line version) 3.10.2014 — First Reading Calculations and Measurements Code Amendment Page 5 of 5 Attachment 2 P77 Vll.a ORDINANCE No. 7 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 — MISCELLANEOUS SUPPLEMENTAL REGULATIONS, CHAPTER 26.104.100 — DEFINITIONS, AND CHAPTER 26.314 — NONCONFORMITIES 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 prepare amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; 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 regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on February 10, 2014, the City Council approved Resolution No.10, Series of 2014, requesting code amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.575 — Miscellaneous Supplemental Regulations, 26.104.100 — Definitions, 26. 314 - Nonconformities; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.575020.D.3 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area of attic spaces and crawl spaces, shall read as follows: Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure or between the ground and floor joists which is either Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 1 of 15 Attachment 2 =1 VILa inaccessible or accessible only as a matter of necessity is exempt from the calculation of Floor Area. Drop ceilings are not included in the height measurement for crawl spaces. Crawl spaces that are 4 feet or less in height, measured between the ground and floor joists, and are accessible only through an interior hatch or exterior access panel are exempt from Floor Area calculations. Crawl spaces greater than 4 feet in height count toward Floor Area in accordance with Section 26.575.020.D.8 Subgrade areas Attic space that is conveniently accessible and is either habitable or can be made habitable shall be counted in the calculation of Floor Area. Areas of an attic level with thirty (30) vertical inches or less between the finished floor level and the finished ceiling shall be exempt, regardless of how that space is accessed or used. If any portion of the attic or crawl space of a structure is to be counted, then the entire room shall be included in the calculation of Floor Area. Examples of attic and crawl spaces that do and do not count toward Floor Area: a) An attic area created above a "hung" or "false" ceiling is exempt. b) A crawl space more than 4 feet in height that is accessible only through an interior hatch counts. c) An attic area accessible only through an interior pull -down access ladder is exempt. d) An unfinished attic space or an unfinished crawl space over 4 feet in height which has convenient access is counted. e) A crawl space that is 4 feet in height, is accessible only through an interior hatch and contains mechanical equipment is exempt. Section 2: Chapter 26.575020.D.4 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for decks and similar features, shall read as follows: 4. Decks Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non -Street -facing porches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, trellis, exterior stairways, non Street -facing porches, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) of the allowable floor area for the property and the use and density proposed. If the area of these features exceeds fifteen percent (15%) of the property's allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent (15%) shall be attributed towards the allowable Floor Area for the property. The allowable Floor Area, for the purpose of this calculation, refers to the Floor Area calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a site specific approval, with the following exceptions: Floor Area bonus, or established or extinguished Transferrable Development Right certificates are not included. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 2 of 15 Attachment 2 P79 Decks, balconies, exterior stairways, trellis, and similar features of a mixed use, commercial, or lodge building located within the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Lodge Preservation (LP) Zone District, or the Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations. The area of these features shall be the maximum footprint of the feature including railings, permanently fixed seating, permanently fixed grills, permanently fixed planter boxes, overhangs, and similar structural components of the feature. Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath Porches, Gazebos, and Decks or Balconies when those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. Section 3: Chapter 26.575020.D.6 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for patios and landscape terraces, shall read as follows: Vll.a 6. Patios. Patios developed at finished grade shall not be counted towards Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to four feet, as measured from the face of the building, and remain exempt from Floor Area calculations. When roof overhangs or similar architectural projections exceed four feet, the entire feature counts toward Floor Area. Section 4: Chapter 26.575020.D.8 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure floor area for Subgrade areas, shall read as follows: 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 3 of 15 Attachment 2 25 Vll.a Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. Floor structure does not include drop ceilings. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 4 of 15 Attachment 2 Vll.a Floor Structure Are& of wall to be used for subgrade calculation Foundation and Floor Structure Foundation F o otar Figure S: Measuring the Area of a Subgrade Wall When considering multi -level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. e A C Stairs Space A and B are on the same level, while Space A and C are on different levels. Figure 6: Determining different building levels When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall area shall include the area within the gable of the roof. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 5 of 15 Attachment 2 WN Vll.a Area counts towards wall calculation I -------------- Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area, the garage exemption is taken from the total gross below -grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption — the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet = 300 square feet of the garage which is exempt. Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. For subgrade spaces with adjoining crawl spaces exempt pursuant to Section 26.575.020.D.3, a line is drawn to separate the basement space from the crawl space for the purposes of calculating the perimeter and gross area measurements. Exempt crawl space is not included in the perimeter, wall area, and floor area measurements. Section 5: Chapter 26.575020.D.14 — Miscellaneous Supplemental Regulations, Measuring Floor Area, which section describes how to measure and calculate floor area for nonunit space, shall read as follows: Allocation of Non -unit Space in a mixed -use building. In order to determine the total floor area of individual uses in a mixed -use building, the floor area for non -unit space, which is common to all uses on the property, shall be allocated on a proportionate basis to the use categories outlined in the subject zone district's FAR schedule. To determine the non -unit space allocation in a building, a calculation of the building's gross floor area, which refers to the floor area of a building as calculated according to the Land Use Code plus subgrade levels, is required. The building's gross floor area, minus all non -unit Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 6 of 15 Attachment 2 P83 VILa space, shall be divided proportionately amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross floor area number. Garages and carports in mixed use buildings that contain residential units are considered non -unit space. When a feature is used exclusively by one use, the space shall be attributed to the floor area for that use. For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area (including 500 sq. ft. basement) + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nonunit floor area (1,250 sq. ft.- 250 sq. ft. for exemptgarage) 9,000 sq. ft. gross floor area Then the total unit floor area in the building, not including non -unit space, would be eight thousand (8,000) square feet floor area (9,000 — 1,000). Using the allocation of nonunit space standard, the uses account for the following percentages of the total unit floor area: Commercial floor area = 25% [(2,000/8,000) * 100] Free-market residential floor area = 50% [(4,000/8,000) * 100] Affordable housing floor area = 25% [(2,000/8,000) * 100] A proportionate share of the non -unit floor area shall then be allocated towards each use category. Floor area exemptions that apply to non -unit space, for example a garage or top level of a shared stairway tower, are deducted from the total non -unit floor area before allocating to each use category. Subgrade levels that do not count toward floor area shall not be included in the use category total when calculating floor area. This provision shall apply to all zone districts permitting mixed -use buildings. Therefore, the one thousand (1,000) square feet of non -unit space is allocated to the different uses as follows: Commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. Free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. Affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. The floor area for each use is as follows: Commercial floor area: 1,500 sq. ft. (2,000 sq. ft. total minus 500 sq. ft. basement) + 250 sq. ft. = 1,750 sq. ft. Free Market residential floor area: 4,000 sq. ft. + 500 sq. ft. = 4,500 sq. ft. Affordable housing floor area: 2,000 sq. ft. + 250 sq. ft. = 2,250 sq. ft. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 7 of 15 Attachment 2 0P84 Vll.a Examples: 1. Circulation features that are shared (used by multiple uses) are considered non - unit space. 2. A shared elevator that serves all levels of a mixed use building (even if the top level terminates within a residential unit) is considered non -unit space. 3. Circulation that is specific to a use, for example a private elevator that only serves the residential component (i.e. it does NOT provide access to commercial levels), is allocated to the floor area of the specific use and is not considered non -unit space. 4. A stairway that is interior to a single unit, which for example connects a two level commercial space, counts toward commercial floor area. Section 6: Chapter 26.575020.E.5 — Miscellaneous Supplemental Regulations, Allowed Projections into Setbacks, which section describes what features are permitted to extend into a setback, shall read as follows: 5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: a) Above or below ground utilities including transformers and vaults, below -grade heating or cooling conduit or infrastructure such as a ground -source heat pump system, below -grade dry wells or other at -grade or below -grade drainage infrastructure. b) Trees and vegetation. c) Artwork, sculpture, seasonal displays. d) Flagpoles, mailboxes, address markers. e) Foundation footers, soil nails or below -grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f) The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. g) Building eaves, bay windows, window sills, and similar architectural projections up to eighteen (18) inches as measured from the setback boundary. Section 7: Chapter 26.575020.F.2 — Miscellaneous Supplemental Regulations, Measuring Building Heights, which section describes how to measure building heights shall read as follows: Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 8 of 15 Attachment 2 im For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See subsection 3, below, for measurement method. Vll.a a) Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top -most portion of the structure. b) Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof pitch from 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the eave point and the ridge. There shall be no limit on the height of the ridge. c) Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third ('/3) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. d) For barrel -vault roofs, height shall be measured by drawing a line within a vertical section between the top -most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. e) For "shed" roofs with a single -pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the ridge. f) For mansard roofs, height shall be measured to the flat roof as described above. g) Dormers shall be excluded from the calculation of height if the footprint of the dormer is 50% or less of the roof plane on which the dormer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. If there are multiple dormers on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. h) Butterfly roofs shall be measured in accordance with shed roof methodology. Section 8: Chapter 26.575020.F.4 — Miscellaneous Supplemental Regulations, Allowed Exceptions to Height, which section describes how to measure building heights shall read as follows: 1. Allowed Exceptions to Height Limitations. a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 9 of 15 Attachment 2 ':. Vll.a required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do -dads shall be contained within the limitations of this height exception. On structures other than a single-family or duplex residential building or an accessory building, all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b) Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 — Wireless Telecommunication Services Facilities and Equipment. c) Elevator and Stair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d) Rooftop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. All railings shall be set back from any Street facing facade of the building by an amount equal to the height of the railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co -located to the greatest extent practicable. On structures other than a single-family or duplex residential building or an accessory building, all mechanical equipment shall be set back from any Street facing facade of the building a minimum of fifteen (15) feet. f) Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 10 of 15 Attachment 2 Vll.a solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 — Special Review. (Also see setback requirements for these systems at sub -section E.S.) g) Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. h) Flag poles may extend over the specified maximum height limit. i) Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's front (street -facing) facade may extend horizontally for the first thirty (30) feet of the building's depth. j) Exceptions for light wells and basement stairwells. A basement stairwell required by Building Code for egress shall not be counted towards maximum permissible height. On street facing facades the minimum size lightwell entirely recessed behind the vertical plane established by the portion of the building fagade(s) closest to any Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk -out style light well) shall not be counted towards maximum permissible height. On non -street facing facades a lightwell that is no more than one hundred (100) square feet shall not be counted towards maximum permissible height. The Historic Preservation Commission is authorized to grant an exception to height for lightwells larger than one hundred (100) square feet on historic landmark properties that contain a historic resource upon a finding that the following conditions are met: a. Lightwell is not easily visible from the right of way. b. Approval of the exemption supports the preservation of the historic resource. k) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built in wet bars, built-in barbeque grills, cabinets, sinks, firepits, pools, hot tubs, etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption. This only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC) Zone District, Mixed Use Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 11 of 15 Attachment 2 I VII.a (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Lodge Preservation (LP) Zone District, or the Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of the building at the point the equipment is attached to the roof. This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum floor area of no more than 5% of the useable deck area is permitted. All permanent rooftop amenities shall be set back from any Street facing fagade of the building by a minimum of ten (10) feet. 1) Exceptions for skylight and light tubes A skylight or light tube typical of industry standards and meeting minimum Building Code standards shall not be counted towards maximum permissible height. Section 9: Chapter 26.575020.1 and J — Miscellaneous Supplemental Regulations, Measurement of Net Leasable Commercial Space and Measurement of Net Livable Area, which sections describes how to measure net leasable commercial space and how to measure net livable area, shall read as follows: I. Measurement of Net Leasable Areaand Net Livable Area. The calculation of net leasable area and net livable area shall include all interior space of a building measured from interior wall to interior wall, including interior partitions. Net leasable area includes all interior areas which can be leased to an individual tenant with the exceptions noted below. Net livable area includes those areas of a building that are used or intended to be used for habitation with the exceptions noted below. Garages and carports are exempt from net leasable area and net livable area calculations. 1. Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more than 10 square feet, installed on the exterior of a building, shall be considered net leasable area and shall be subject to all requirements of the Land Use Code, including employee mitigation, prorated according to the portion of the year in which it is installed. 2. Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor vending, and similar commercial activities located outside (not within a building) shall also be included in the calculation of net leasable area. The calculation of such area shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Exterior decks and exterior seating are not included in the calculation of net leasable area. Vending machines shall not be considered net leasable area. The calculation of net leasable area and net livable area shall exclude areas of a building that are integral to the basic physical function of the building. All other areas are attributed to the measurement of net leasable commercial space or net livable area. When calculating interior stairways or elevators, the top most interior level served by the stairway or elevator is exempt from net livable or net leasable area calculations. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 12 of 15 Attachment 2 P89 VII.a Shared areas that count toward net leasable area and net livable area shall be allocated on a proportionate basis of the use category using the percentages that are generated pursuant to Section 26.575.020.D.14 Allocation of non -unit space in a mixed use building. Examples: 3. A broom closet of a minimum size to reasonably accommodate the storage of janitorial supplies for the entire building is considered integral to the physical function of the building and does not count toward net leasable area. 4. A shared commercial storage area that is larger than needed for the basic functionality of the building counts toward net leasable area because it is useable by the businesses. 5. A shared stairway and a shared circulation corridor (that access more than one use) are integral to the physical function of the building and do not count in the measurement of net livable area or net leasable area. 6. A stairway that is entirely within one residential unit counts toward the measurement of net livable area. A private elevator that serves more than one residential unit, and does not provide access to other uses, does not count toward the measurement of net livable area. 8. A private elevator that serves only one residential unit, and does not provide access to other uses, counts toward the measurement of net livable area. 9. A shared mechanical room that is larger than the minimum space required to reasonably accommodate the mechanical equipment counts toward the measurement of net livable area or net leasable area as applicable. The area of the mechanical room that is minimum size required for the mechanical equipment does not count in net livable area or net leasable area. Section 10: Chapter 26.575.050 — Miscellaneous Supplemental Regulations, Fences, which sections describes regulations for fences, shall read as follows: 26.575.050 Fences Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards, Historic Preservation Design Guidelines, or the Commercial Design Standards (see Chapters 26.410, 26.412, and 26.415). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry. Chain link, plastic, vinyl or synthetic fences are prohibited. On corner lots, no fence, retaining wall or similar object shall be erected or maintained which obstructs the traffic vision, or which exceeds a height of forty-two (42) inches, measured from finished grade within thirty (30) feet from the paved or unpaved roadway. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 13 of 15 Attachment 2 '•1 V11.a Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections. Driveways are not permitted to be gated. Section 11: Chapter 26.104.100 — Definitions, which sections defines specific terms in the Land Use Code, shall add a definition of "trellis" and add a definition of "gross floor area", and shall omit "landscape terrace" as a definition, and shall change the definition of "patio' and "net leasable commercial space" as follows: Trellis. An uninsulated, unheated stand-alone structure of open latticework for the purpose of supporting vines or other climbing plants. A roof that is no more than 50% solid material for shade is permitted. Walls of any material are prohibited. Gross floor area. For the purposes of calculating non -unit space, gross floor area is the total floor area considering all inclusions and exclusions as calculated herein plus gross area of all subgrade levels measured from interior wall to interior wall. Net leasable area. Those areas within a commercial or office building which are permitted to be leased to a tenant and occupied for commercial or office purposes. (Also see Section 26.575.020 — Calculations and Measurements.) Patio. An outdoor uncovered, at -grade space which may be paved or unpaved. (A "covered patio' not connected to any other building is considered a Gazebo.) Section 12: Chapter 26.312.020 — Nonconformities, which section explains prohibited changes to nonconforming uses, shall be changed to specific the following: C. Extensions/expansions. Nonconforming uses shall not be extended or expanded. This prohibition shall be construed so as to prevent: Enlargement of nonconforming use by increasing the net leasable area, the net livable area of a dwelling unit or the area within a structure in which such nonconforming uses are located; or 2. Occupancy of additional lands; or,3. Increasing the size, considering all dimensions, of a structure in which a nonconforming use is located. Section 13: 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 14: 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 15: Effective Date. Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 14 of 15 Attachment 2 P91 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. Vll.a Section 16: A public hearing on this ordinance was held on the _`" day of , 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 was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 2014. Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Steven Skadron, Mayor day of , 2014. Steven Skadron, Mayor Code Amendment — Misc. Calculations & Measurements First Reading 3/10/14 Page 15 of 15 Attachment 3 s •♦ Current Views of Proposed 302 Porch Expansion i Proposed Expansion i \1 b4. a o o ° C's y cd O U O U >> ❑�❑ t1, M �t Cd Cd / b > O c p a� � i c6 m pp cl Uv O 0 RS O O O a T O O O O O O O � N ar. O O> U N� o U w b b0_A di m ti U U 4. ;b 'O N N •i". N cd ai ccS V) v `n c b�A i. Q , p d d ^+ d vi U OU 0 .n O O U 'O ZS ZS Zt Ti Zi C C w°Uo°o c- Irzw bo � � o o U O O C A N O O O O O � o • own � � � � .c ,cC�d o° a o OW a d d 'O O U ai zcqj c d E > CA O O 3 a O d cd Ln cd cd fa. Q' C) CD (3./ cad N> M s. O O cUd N O O W Ls. La. N LL. N � fS. > Lz, L1. LL ■ ■ Q � .L �k ^ NIt N N l— ell "O R 00 000 N 0\O "'� r- O N M N N ~ '� d\ N [- 000 $. N ,_, N ,_, N O •--• N O U TO: Mayor Skadron and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: CC and C-1 Code Amendment Ordinance 25, Series of 2015 DATE: August 10, 2015 SUMMARY: The attached Ordinance is for amendments to the City's Land Use Code to address legally established free-market residential units in the Commercial Core (CC) and Commercial (C-1) zone districts. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the second reading of proposed code amendments related to the CC and C-1 zone districts. 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 third 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: In January 2013, City Council approved a code amendment to the Commercial Core (CC) and Commercial (C-1) zone districts that eliminated free-market residential units as an allowed use in these zones (Ordinance 25, Series 2012). This had the effect of rendering all existing free- market residential units as non -conforming uses. This meant that existing free-market residential units could not expand, and were subject to certain limits on investment and maintenance in the unit. Recently, a group of owners from the Concept 600 building approached the Community Development Department to request relief from the prohibition on free-market residential uses, particularly the investment limitation. A number of owners in that building and others have had difficulty finding bank financing as well as getting homeowners insurance because their units are considered non -conforming. Code Amendment — CC and C-1 2nd Reading — 8/10/ 2015 Page 1 of 4 OVERVIEW: Staff proposes a code amendment that would allow free-market residential units legally established or approved prior to the adoption of Ordinance 25, Series 2012 in the CC and C-1 zones. No new free-market residential units could be established in these zones. This code amendment would enable existing owners to maintain their units, and would eliminate the code - related financing obstacles. The code amendment would allow internal expansions or combination of units, but would not allow expansions to floor area or total net livable area. Staff believes this change is consistent with the direction of the original CC and C-1 code amendments, while recognizing that most existing free-market residential units are not likely to be eliminated by their owners. Council had a number of questions during first reading regarding "expansion" of units compared to "improvements" to units. Staff has broken these questions out by topic below: Floor Area: Floor Area is the measurement of the total square footage in a building. Regulations on Floor Area limit on how much bulk and mass may be built on any given property. For this code amendment, staff is proposing that floor area for free-market residential units be limited to what exists today. In addition, the code amendment includes language stating that any future decreases in Floor Area for residential units would permanently result in that lower Floor Area being the new limit for the property. No new Floor Area could be added to residential units. Staff proposes Staff believes this is consistent with the original intent when City Council passed the prohibition on free-market residential units. Floor Area Exemptions: The Land Use Code includes a number of exclusions to the floor area calculation. For instance, storage areas of up to thirty-two (32) square feet are not included in the calculation of floor area. This allows each residential unit the opportunity for some basic storage. Similarly, front porches are exempt from floor area as a way to encourage a building element that creates a more inviting pedestrian experience. Decks in all zone districts are subject to certain exemptions as well. The intent is to allow some usable outdoor space for residential, lodge, and commercial units. In the CC and C-1 zone districts, decks are 100% exempt in mixed - use buildings. For the Concept 600 building, this means that any new decks would technically be exempt from Floor Area. There are three options for City Council to consider as it related to Floor Area Exemptions and this code amendment: 1. Allow all free-market units in CC and C-1 to take advantage of all Floor Area Exemptions in the Land Use Code. This would include exemptions for deck space, storage area, garages, and at -grade patios. 2. Allow all free-market units in CC and C-1 to take advantage of some of Floor Area Exemptions in the Land Use Code. If Council chooses this option, staff recommends the exemptions be limited to decks and at -grade patios, as these spaces are not enclosed and have less of an impact on the bulk and mass of a building than other exempt areas that are fully enclosed (garages and storage areas). Code Amendment — CC and C-1 2nd Reading — 8/10/ 2015 Page 2 of 4 3. Allow all free-market units only in C-1 to take advantage of all or some of Floor Area Exemptions in the Land Use Code. 4. Prohibit all free-market units in CC and C-1 from using any of the Floor Area Exemptions in the Land Use Code. For this code amendment, staff suggests this approach is most appropriate. While not technically expanding Floor Area, staff believes these changes constitutes expansion of the units. Net Livable Area: Net Livable Area is the measurement of the square footage in an individual residential unit. It differs from Floor Area in that is only focuses on the actual living space of a unit, rather than the entire size of a building. All multi -family units in town are subject to unit size caps of between 2,000 sq ft and 2,500 sq ft, depending on their location and zone district. All commercial zones include a limit of 2,000 sq ft, which can be expanded to 2,500 sq ft through the landing of an historic TDR (each TDR is worth 500 sq ft of net livable space). It should be noted that when TDRs are landed for unit size it does not increase the size of the overall building; it only increases the size of an individual unit. Staff has included language in the code amendment that reintroduces the 2,000 sq ft unit size cap in the CC and C-1 zone district. Staff requests direction from Council regarding the ability to expand units up 2,500 sq ft through the landing of an historic TDR. While staff supports having more locations for landing TDRs, particularly ways that do not result in increases to Floor Area, and has included this language in the code amendment, staff questions if it is consistent with the philosophy of the original Council Ordinance to limit free-market residential units. General Applicability: The changes proposed in the code amendment would apply equally to all properties in the CC and C-1 zone district. There are almost 200 free-market residential units in both zone districts'. Exhibit E is a map showing the parcels that include free-market residential units. Staff has attempted to balance the fact that free-market residential units face obstacles in doing basic improvements, such as remodeling a kitchen or bathroom, with the stated desire of the original Council Ordinance to curb free-market residential development in the downtown due to its negative impacts on commercial uses. The code amendment would allow for general improvements, as well as interior expansions, but would not allow any exterior expansions. Because this amendment applies broadly to all properties in the CC and C-1 zone districts, staff is concerned that allowing any exterior expansions will result in further erosion of the existing commercial uses in favor of residential uses. This is in direct conflict with the original intent of the 2012 downtown zoning changes. REFERRALS & OUTREACH: A meeting was held with the Planning and Zoning Commission to obtain feedback on the proposed code amendment. The Planning & Zoning Commission supported the code amendment as proposed by staff. A copy of the meeting minutes is attached as Exhibit C. In addition, staff has worked with the Concept 600 owners and representatives. City Council approved a Policy Resolution on this code amendment, attached as Exhibit D. Public comment received through 1 Approximately 124 in CC and 75 in C-1. It should be noted that this number includes the 17 units at the Prospector in the CC zone that are typically used as lodging accommodations. Code Amendment — CC and C-1 2°a Reading — 8/ 10/ 2015 Page 3 of 4 July 22 is attached as Exhibit F. Additional public comment received before the hearing will be entered into the record at the August 101h meeting. STAFF RECOMMENDATION: Staff recommends adoption of the proposed Ordinance. RECOMMENDED MOTION: "I move to approve Ordinance No. 25, Series of 2015." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — CC and C-1 Code Redlines Exhibit C — P&Z meeting minutes, May 19, 2015 Exhibit D — Approved Policy Resolution Exhibit E — Map of Free -Market Residential Units in the CC and C-1 zones Exhibit F — Public Comments received through July 22, 2015 Code Amendment — CC and C-1 2°d Reading — 8/ 10/ 2015 Page 4 of 4 ORDINANCE No. 25 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.710.140 — COMMERCIAL CORE (CC) ZONE DISTRICT, AND CHAPTER 26.710.150 — COMMERCIAL (C-1) 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 prepare amendments to the Commercial Core (CC) and Commercial (C-1) Zone Districts; 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 regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 22, 2015, the City Council approved Resolution No.64, Series of 2015, requesting code amendments to the Land Use Code for the CC and C-1 Zone Districts; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.710.140 — Commercial Core (CC) Zone District and Chapter 26.710.150 — Commercial (C-1) Zone District; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.710.140(B)(3) — Commercial Core (CC), Permitted uses, Uses allowed on second floors, shall be amended as follows: 3. Uses allowed on second floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi -family housing. Section 2: Chapter 26.710.140(B)(5) — Commercial Core (CC), Permitted uses, Uses allowed on Code Amendment — CC and C-1 First Reading Ordinance 25, Series 2015 Page 1 of 5 third floors, shall be amended as follows: 5. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses. Section 3: Chapter 26.710.140(B) — Commercial Core (CC), Permitted uses, shall be amended to add the following subsections: 6. Free -Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. 7. Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. Section 4: Chapter 26.710.140(D)(12) — Commercial Core (CC), Dimensional requirements, Floor area ratio (FAR), shall be amended to add the following subsection: Free -Market multi family housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Section 4: Chapter 26.710.140(D) — Commercial Core (CC), Dimensional requirements, shall be amended as follows: [Subsections I —13 are unchanged, except as outlined above] 14. Net Livable Area (square feet): a) Affordable multi family housing: No limitation. b) Free -Market Residential: Overall net livable for a building or project area is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. i. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. ii. The property owner may increase individual multi -family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: Code Amendment — CC and C-I First Reading Ordinance 25, Series 2015 Page 2 of 5 1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. Section 5: Chapter 26.710.150(B) — Commercial (C-1), Permitted uses, shall be amended as follows: [Subsection 1 shall be unchanged] 2. Uses allowed on second floors: Lodging, affordable multi -family housing. 3. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses. 4. Free -Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. 5. Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. Section 6: Chapter 26.710.150(D)(12) — Commercial (C-1), Dimensional requirements, Floor area ratio (FAR), shall be amended to add the following subsection: f. Free -Market multi family housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Code Amendment — CC and C-1 First Reading Ordinance 25, Series 2015 Page 3 of 5 Section 7: Chapter 26.710.150(D) — Commercial (C-1), Dimensional requirements, shall be amended as follows: [Subsections I —13 are unchanged, except as outlined above] 14. Net Livable Area (square feet): a) Affordable multi family housing: No limitation. b) Free -Market Residential: Overall net livable for a building or project area is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. i. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. ii. The property owner may increase individual multi -family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: 4) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 5) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 6) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. Section 8• Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 9: Effect Upon Existing Litigation. Code Amendment — CC and C-1 First Reading Ordinance 25, Series 2015 Page 4 of 5 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 10: 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 11: 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 12: A public hearing on this ordinance was held on the _�' day of , 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 was 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 Attest: day of , 2014. Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2015. Attest: Linda Manning, City Clerk Approved as to form: City Attorney Steven Skadron, Mayor Code Amendment — CC and C-1 First Reading Ordinance 25, Series 2015 Page 5 of 5 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three — Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed amendment is not in conflict with any applicable portion of Title 26. It amends the CC and C-1 zone districts to allow legally established free-market residential units (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) to remain in these zones. It does not allow increases in floor area for the use, nor does it allow new residential units. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: Staff believes there is a community interest in allowing existing free-market residential units to be maintained. Despite the code prohibition on free-market residential units, it is highly unlikely that these units will disappear. This code amendment clarifies the 2013 CC and Cl zone districts changes (Ordinance 12, Series 2012) by maintaining the prohibition on new free-market residential units and expansion of existing units, while enabling regular maintenance and upkeep of existing free-market residential units. This is consistent with the AACP goals of creating certainty in the land use process (pg 27) for these homeowners, as well as controlling and limiting the location and massing of free-market homes (pg 25). Potential benefits to making the use conforming include removing the owners' disincentive to invest in the upkeep of their properties, and removing the barrier that a nonconforming designation has to attaining financing for such improvements. The existing prohibition on new free market residential uses would remain. 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 this code amendment is to enable residents to maintain their existing residential units located in the CC and C-1 zone districts. Staff finds this objective is compatible with Aspen's community character, the land use code, and the public interest. Staff finds this criterion to be met. Exhibit A — Staff Findings CC and C-1, 2nd Reading — 8/10/2015 Page 1 of 1 Exhibit B: Land Use Code Redlines 26.710.140 Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service, commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, legally established free-market housing, and short term vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front -most street -facing fagade. This prohibition shall not apply to split-level buildings (see definition) or properties north of Main Street. Parking shall not be allowed as the sole use of the ground floor. Automobile drive -through service is prohibited. 3. Uses allowed on second floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi -family housing„ homes eeeupatiens and vaeatieH rem * tI o :ao.,: t :«S .,a r-eS:ao.+: t 11114. S* wt: oa the 4. Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). 5. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and its associated commercial uses—at+d 25 (SeFieS f 2012). 6. Free -Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 1 of 8 applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. A:7.Home Occupations and Vacation Rentals in legally established residential units are permitted on any buildin level. evel. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Gasoline service station. 2. Commercial parking facility, pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: 1. Minimum Gross Lot Area (square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear yard setback (feet): No requirement 7. Minimum utility/trash/recycle area: Pursuant to Seed,,., 26.575.06 )Chapter 12.06. 8. Maximum height_(feet): a) For properties located on the south side of a Street: (1) Twenty -Eight (28) feet for two story elements of a building. b) For properties located on the north side of a Street: (1) Twenty -Eight (28) feet for two story elements of a building. (2) Thirty-eight (38) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. (a) Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. (b) The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 2 of 8 and Historic District Design Objectives and Guidelines. City Council may approve third story conditioned space that exceeds this footprint limitation if the proposed development is compatible with the community character and is in harmony with the public interest. 9. Minimum floor to floor heights: a) Minimum First Floor to Second Floor floor -to -floor: Thirteen (13) feet. b) Minimum Upper Floor -to -ceiling height: Nine (9) feet. c) Floor -to -Ceiling heights in upper floors shall be less than the floor -to -ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): No requirement. 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.75:1. c. Affordable multi family housing: No limitation. d_Lodging: 0.5:1, which may be increased to 2.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. d e.Free-Market multi -family housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Free-market residential units shall not be able to utilize any exemptions to floor area outlined in Section 26.575.020(D), Measurini, Floor Area. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off units, this maximum shall apply to the largest possible combination of units. 14. Net Livable Area (square feet): a) Affordable multi family housing: No limitation. b) Free -Market Residential: Overall net livable area for a building or Project is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Anysubsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 3 of 8 shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. i. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary.' Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. ii. The property owner may increase individual multi -family unit size by extin uig shim Historic Transferable Development Right Certificates ("certificate" or "certificates"). subject to the following_ 1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferringdevelopment evelopment rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit . 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the use. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 44.15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 4 of 8 26.710.150 Commercial (C-1). A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed -use buildings with commercial uses on the ground floor, opportunities for affordable residential density, and to support vacation rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, lodging uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. Automobile drive -through service is prohibited. 2. Uses allowed on second floors: Lodging, affordable multi -family housinge 3. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and its associated commercial uses, and . 4. Free -Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. 3.5.Home Occupations and Vacation Rentals in legally established residential units are permitted on any buildinglevel. evel. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Affordable multi -family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area (square feet): Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 5 of 8 a. Bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Seetion 2657c 06 Whapter 12.06. 8. Maximum height: a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: i. For properties located on the south side of a Street: 1. Twenty -Eight (28) feet for two story elements of a building. ii. For properties located on the north side of a Street: 1. Twenty -Eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to thirty- eight (38) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. 2. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 6 of 8 3. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. City Council may approve third story conditioned space that exceeds this footprint limitation if the proposed development is compatible with the community character and is in harmony with the public interest. 9. Minimum floor heights: a. Minimum First Floor to Second Floor floor -to floor height: Eleven (11) feet. b. Minimum Upper Floor -to -ceiling height.- Nine (9) feet. c. Floor -to -Ceiling heights in upper floors shall be less than the floor -to -ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 11. Public amenity pace: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi -family housing: No limitation. d. Lodging: .5:1, which may be increased to 2:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. e_Bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same -sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. f. Free -Market multi -family housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Free-market residential units shall not be able to utilize any exemptions to floor area outlined in Section 26.575.020(D), Measuring Floor Area. Exhibit B —Land Use Code Redlines, CC & C-1 zones Page 7 of 8 43-.--Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off units, this maximum shall apply to the largest possible combination of units. 13. 14. Net Livable Area (square feet): a) Affordable multi -family housing: No limitation. b) Free -Market Residential: Overall net livable area for a building or project is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. An subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. iii. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: ReMr to Chapter 26.470 for procedures related to combining and demolition of residential units. iv. The property owner may increase individual multi -family unit size by extin uig_ shins Historic Transferable Development Right Certificates ("certificate" or "certificates"'). subject to the followin& 4) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 5) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferringd_ evelopment rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 6) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the use. Commentary: Refer to Chapter 26.535 for the procedures for extinguishinz certificates. 44.15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 8 of 8 Exhibit C Regular Meeting Planning & Zoning Commission May 19, 2015 Mr. Gibbs added that allowing houses to timeshare may encourage higher occupancy which he supports. Mr. Mesirow added he would support changes to allow higher occupancy as well. CC / C-1 Clarifications Ms. Levy provided the background regarding the impacts to free market residential units located in CC and C-1 zone districts with the enactment of Ordinance 25, series 2012. Permitted uses on the fourth floor are not addressed in the code, despite the existence of several buildings with four floors above ground level in both districts. The City has received requests from owners of the fourth floor units who wish to upgrade or expand their units. The current code allows the units to continue to exist, but consider them units of non -conforming use and therefore subject to the non -conforming portion of the code. The owners of the units experience difficulties obtaining financing and building permits based on the non -conforming status. Staff is proposing to amend the code to clarify the free market residential units established prior to Ordinance 25, series 2012 continue in CC and C-1 as conforming as long as they do not expand. Currently there is a 10% cap for a 12 month period to improve or maintain a non -conforming unit. One of the properties impacted is the Concept 600 building located at 600 E Main St. Mr. Bendon explained the non -conforming portion of the code needs a complete review and upgrades. He also explained at the time Ordinance 25, series 2015 was approved, emphasis was placed on reducing height to 28 ft and eliminating new penthouses and not necessarily realizing the impacts to existing units. He is aware there is a substantial number of units impacted by this ordinance. He also feels the 10% cap does not make sense for the residential units. Mr. Bendon then stated this was not technically a public hearing but was aware of members of the public at the meeting who may want to provide comment if allowed. Mr. Walterscheid then asked for members of the public to provide comment if they wished. Mr. Jim Smith lives at the Concept 600 building is also president of the homeowners association. He stated he became aware of the issues when he attempted to obtain a building permit six months ago to expand their porch. He stated they would like to see the long existing free market resident units recognized as conforming. He reviewed old meetings in an effort to determine the focus of the efforts to approve Ordinance 25, series 2012 which he feels focused on future development instead of the existing units. He also feels it was an unintended consequence. He would like the code to be clarified to allow units to be maintained, upgraded and improved as needed as well as allow other provisions available prior to the ordinance. Ms. Lindsey Smith also lives at the Concept 600 building. She described the type of tenants in the building including long term renters, short term renters, and locals. The free market units are not separated from the renters. She feels the building represents a cross section of the visitors and residents of Aspen. Many improvements have been completed to the building to meet safety and ADA requirements. She reiterated the same requests as Mr. Smith. Mr. Bill Sterling is a commercial user of the building as of 1978. He is troubled by the non -conforming status and feels it may negatively impact the real estate market values and impede financing. He would like the ordinance to be amended to allow flexibility to maintain and upgrade the units. He feels the ordinance had unintended consequences. Page 4 Regular Meeting Planning & Zoning Commission Mav 19, 2015 Mr. Jody Edwards represents the unit owners and feels Staff's proposal is a good first step. He is concerned the owners will not be able to expand their units. As examples, he stated owners may want to expand their deck to the near wall, combine w adjacent units or extend the top roof to cover their deck. He noted some owners had completed similar projects in the past. Mr. Walterscheid then closed the public comment portion of the meeting. Mr. Walterscheid asked Staff for rebuttal. Mr. Bendon stated Staff wants to focus on making the units conforming to stay with the intent of the ordinance. The owners have other mechanisms to utilize to pursue expansions or changes in use for the units. Mr. Walterscheid then asked for comments from the commissioners. Ms. Tygre does not like to change code that only affects one property but feels the ordinance was over- reaching. She feels it is best to keep the scope narrow at this point in time. Mr. Gibbs agreed. Mr. Mesirow asked if the intent of City Council was to cease development of larger penthouses. Mr. Bendon stated he doesn't expect the units to amortize away and feels at the time the ordinance was approved, the focus was on the impact the penthouses had on the commercial use of the buildings along with height, mass and scale. Mr. McNellis asked how the 10% cap was determined. Mr. Bendon stated it is an outdated percentage and Ms. Levy added that she found other cities are eliminating the cap altogether. Mr. Bendon stated Staff will present options to City Council to consider to move forward. Land Use Code ApplicabilitX Ms. Garrow described the proposed code amendments to address minor amendments, major amendments and multi -step processes. P&Z supports staff's recommendations. Mr. Walterscheid then adjourned the meeting. Cindy Klob City Clerk's Office, Records Manager Page 5 Exhibit D RESOLUTION NO. 64 (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO THE LAND USE CODE FOR THE CC AND C1 ZONE DISTRICT. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to amend the CC and C-1 zone districts; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the Planning and Zoning Commission and certain existing free-market residential property owners; 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 June 22, 2015, the City Council approved Resolution No. 64, Series of 2015, by a three to one (3-1) vote, requesting code amendments to 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 City Council hereby directs staff to draft and pursue a code amendment to the CC and C-1 Zone Districts. The objective of this code amendment is to enable residents to maintain their existing free-market residential units located in the CC and C-1 zone districts. The prohibition on new free-market residential units shall remain in place. 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 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 Resolution No. 64, Series 2015 CC and C-1 code amendment Page 1 of 2 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this 22 day of June, 2015. Steven Skadron, Mayor ATTEST: APPROVED AS TO FORM: Linda Manning, City Clerk James R True, City Attorney Resolution No. 64, Series 2015 CC and C-1 code amendment Page 2 of 2 Exhibit E Existing Free Market Residential Units in the Commercial and Commercial Core Zone Districts Ric Gironde Park Free Market Residential Unit Parcels CC Commercial core (124 Units) CU Cornmercial (75yUnits) it 44 1rrk c`. , 40 Q .,. o. f tr . C_ �~�•- Exhibit F I From: dick(o)bulkeleys.net To: Steve Skadron; Adam Frisch; Ann Mullins; Art Daily; Bert Myron; Chris Bendon; Jessica Garrow Subject: Concept 600 Building Date: Friday, July 10, 2015 1:47:05 PM Aspen City Council members - On Monday, July 13, you are going to review the status of the Concept 600 Building and the effects that Ordnance 25 had. One of your concerns is the addition of balcony covers over the exposed, 4th floor balconies. Julie and Dick Bulkeley, in 2000, were permitted by the city to cover our West and South balconies. Before this, our balconies in Condo 401, were un-usable in either summer or winter. We feel strongly that the other owners, on the 4th floor, should be permitted to do the same. Thank you for your concern on this whole Concept 600 situation. Sincerely, Dick Bulkeley From: Ieoallet(a)sbcg oba1.net To: Steve Skadron; Adam Frisch; Ann Mullins; Art Daily; Bert Myrin; Chris Bendon; Jessica Garrow Cc: Jim Smith Subject: concept 600 porch update Date: Friday, July 10, 2015 12:41:28 PM City of Aspen, I am an owner of a corner unit within Concept 600 and I performed a renovation of the outdoor porch and balcony in 2012. This permitted me to connect my southern and eastern porch which were previously not connected and where a closet existed for outdoor storage. The permit allowed me to totally change improve and expand my patio options in this city of views. I even convinced the HOA of improvements in the railings and floor types that would greatly enhance the use and value of our property. I implore you to help us continue to bring our building into the modern era and improve our usage potential with our exposed balconies. Larry LeBarre, unit 210 From: David Grimes To: Adam Frisch; Ann Mullins; may, Subject: Concept 600 Date: Monday, July 13, 2015 10:00:52 AM > Ladies and Gentlemen: > I am a relatively new owner of a condo at Concept 600. I am 79 years old and hope to be an owner here for at least another 8-10 years. Then, upon facing the task of selling, I hope the value of my condo increases, if only slightly. > However, with the new "rules" occasioned by the ordinance 25, taking from us property rights that existed prior to my purchase, the value may well decline. > There are a few things that are now prohibited, such as the ability to improve the condos and the ability to combine two units into one. The owners on the 4th floor want to put a roof over their very small patios. That would make both summer and winter use of the patios "workable". As it is now, the patios are too hot in the summer and covered with snow in the winter, making snow removal difficult and dangerous in that the wooden beams supporting the patios rot due to snow melting. Imagine a patio collapsing as one did recently in Washington State due to rotten support beams. > Expanding patios from side to side is another feature that is presently prohibited due to Ord. 25. > Please thoughtfully consider restoring property rights to us that existed prior to Ord. 25. > Sincerely, > David Grimes Condo 301 From: Adam Frisch To: Chris Bendon; Jessica Garrow Subject: Fwd: Deck (as opposed to patio) expansions and coverings Date: Monday, July 13, 2015 2:38:12 PM I don't think this came to you. I appreciate the memo for tonight, but it would be helpful to know areas we are being preceded we are not going far enough as I assume what memo proposes is short by 600 owners. I understand might not be normal procedure to lay out possible concerns, but they seem to be very uniform and numerous. Anyway, see you tonight adam b. frisch council member the city of aspen 130 s. galena street aspen, co 81611-1975 p.970.925.5199 f. 970.920.5119 NN N N N N N N N N N N N N N N N N N N N N N N N N N N N N N NN sent from my aspen taxpayer supported ipad Begin forwarded message: From: jimlindsaysmith(Jlaol.com Date: July 12, 2015 at 7:26:45 PM MDT To: adam.frisch(&citvofas ep n.com Subject: Deck (as opposed to patio) expansions and coverings Hi, Adam, Guess you have left the wilds of Africa for the wildness of Aspen City Council. Is there much difference? Here's some info on land use codes pertaining to decks and patio (ground -level) coverings. I could find nothing on deck (above -ground level) coverings. One of the questions that we believe came from the discussions on Resolution 64 in the Council meeting on June 22 was whether existing, free-market residential units in the CC and C1 zones would be able to expand their balconies/decks. Those of us from Concept 600 believe that was a pre-existing right that we would like to have restored. Barring any other changes to the proposed Ordinance 25 ( 2015), the ability to expand decks would become a restored property right under existing code as shown below. The Land Use Code at 26.575.020 D. 4. states, in part: Decks, balconies, exterior stairways, trellis, and similar features of a mixed use, commercial, or lodge building located within the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Neighborhood Commercial (NC) Zone District, the Lodge (L) Zone District, or the Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations. Since balconies are not included in the FAR calculation, then there is no increase in the FAR if the balconies are expanded. Therefore, an expanded balcony would be in compliance with the proposed language of Ordinance 25 (2015). We don't know if Community Development shares this opinion. Another question from the June 22"d meeting was the status of roofs over the Concept 600 4th floor porches. Again, Community Development does not take a position on this issue in their agenda documents. However, in our email interaction with Jessica Garrow on this topic, Community Development takes the position that the maximum size of a roof overhang on a porch is 4 feet, regardless of the porch level. Their supporting documentation from the code is: 26.575.010 D.6. which states: Patios. Patios developed at or within six inches of finished grade shall not be counted towards Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to four feet, as measured from the face of the building, and remain exempt from Floor Area calculations. When roof overhangs or similar architectural projections exceed four feet, the entire feature counts toward Floor Area. This code is specific to ground level patios, but Community Development is contending it broadly applies to all balconies/decks, regardless of level. In examining 10 to 15 buildings in the CC, C1, CL and L zones, there were numerous examples on new and old buildings of overhangs on upper level balconies/porches that vastly exceeded 4'. At the very least, there is significant inconsistency in the application of the 4' rule for upper level balconies. I look forward to haring about your adventures and seeing you in the Council meeting tomorrow night. Sincerely, Jim From: Aldine To: Steve Skadron; Adam Frisch; Ann Mullins; Art Daily; Bert Mvrin Cc: Chris Bendon; Jessica Garrow Subject: Ordinance 25 (2012 & 2015) Date: Friday, July 10, 2015 3:56:43 PM July 10, 2015 Re: Ordinance 25 (2012 & 2015) — Concept 600 — Safety Concerns Dear Mayor Skadron and City Council Members: I acquired Unit 409 at Concept 600 over 15 years ago, and my brother owned the unit for years prior to that. After retiring from ranching in Wyoming, I'm at a stage in life where my family, friends and I can use the unit on a continuous basis throughout the year. Thus, it's time to make some needed improvements. My first priority is to make the balcony/deck safer and usable by ensuring it does not have a failure like the ones we've recently seen in the news. My particular balcony can be strengthened by extending it 4' 4" to the existing wing wall, giving it additional support to supplement the cantilever design. Other balconies at Concept 600 already have this feature, and it makes good sense to allow others to do the same with their balconies. As a diligent owner, last year I hired a structural engineer to design these enhancements, and I also obtained construction bids. However, after this effort and expense on my part, I discovered that these particular deck improvements are no longer allowable under Ordinance 25 (2012). Because of the inability to expand my deck, I'm also unable to strengthen it and provide a safer deck environment. I can only assume that this was an inadvertent, unintended consequence of that ordinance and that you will make every effort to correct it in Ordinance 25 (2015). My final concern is that I may not be able to cover my 4th floor deck. It needs an overhang to protect it from the snow, rain and extreme heat. The continuous effects of these weather elements will weaken the integrity of other parts of the deck. Therefore, I also paid for a structural engineering design and obtained bids for this safety enhancement project, which is likewise now on hold. I'm counting on you, Mr. Mayor and Council members, to restore the long-standing rights we had prior to Ordinance 25 (2012). Thank you, Alaine Lessing Unit 409, Concept 600 From: Mr. & Mrs. Gilbert Hicks To: Steve Skadron; Adam Frisch; Ann Mullins; Art Daily; Bert Mvrin; Chris Bendon; Jessica Garrow Cc: Mr. & Mrs. Gilbert Hicks; Mr. & Mrs. Jim Smith Subject: Ordinance 25 (2012): Impact on Concept 600 Date: Saturday, July 11, 2015 2:53:40 AM Community Development To: Members of City Council Members of Community Development WHO ARE WE: Mr./Mrs. Gilbert W. Hicks I am Patsy Hicks, a former President of C-600 Homeowners Assn. We live in Hawaii and have owned Unit #209 for 27 years. During that time, I have been responsible for some of the extensive renovations to the building and our own condo. WE DO NOT WANT AN ASPEN THAT LOOKS LIKE VAIL Concept 600 seeks to preserve the majesty and age of our pine trees and prominent location on Main St. We fill the need for housing to accommodate visitors for seasonal events. We have made our unit available for these events, usually reserving the off seasons for our personal use. The Music School would suffer greatly without our units. LEARN FROM WISE PLANNING IN HAWAII We have many examples of outstanding planning to preserve the beauty of our Islands. The best of the best are areas where planners have considered owners that maintain their properties with upgrades and responsible maintenance. Hawaii has the same needs as Aspen and we solve our problems best when city planners have made choices that have a vision of the future. THANK YOU FOR YOUR SERVICE TO COMMUNITY Sherman Capital 600 Main Street, 404 Aspen, Colorado 86111 July 12, 15 As owners of Concept 600, # 404, we are requesting that all property rights previously held by Concept 600 owners be restored. These property rights allowed owners to improve, remodel, and renovate our building units, to install roofs over the 41h floor balconies (where sun and snow destroy them since they are not protected), to enlarge porches and to combine units.. These rights are currently denied to Concept 600 and other free market residential units in C-1 and Commercial Core zones, but continue to be available to most zones surrounding downtown Aspen. This is discriminatory and unfair. Additionally, improvements on balconies are vital for safety issues. This is one of Aspen's oldest condos and it is prominent on the Main Street of town so improvements would benefit the town as well as the owners. We would like to "keep up with the times" and not look like the "tired old dog" of the downtown, so please restore our previous property rights so we can make some much needed improvements. Sincerely, Arlie Sherman 11 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: A_V%k_'.Wdjq4 QA- -,k -4Q (CNA.SL, , Aspen, CO SCHEDULED PUBLIC HEARING DATE: A►A TT I P S'.jon j2 rnn 20 j�E STATE OF COLORADO ) ss. County of Pitkin ) 1, (name, please print) being or repre enting 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) ofthe Aspen Land Use Code in the following manner: L"/Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing 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 1 to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property ownersjshall be those on the current tax records of Pitkin County as they appeared rao ffrqo 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 summary, 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) r 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, PDs that create more than one lot, and new Planned Developments 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. Signature The foregoing "Affidavit of Notice" was acknowled ed before me this V day of _, 20_LqS--, by 5PUBLIC NOTICE RE:AMENDMENT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday August 10, 2015, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an amendment to the text of the Land Use Code to the Commercial Core (CC) and Commercial (C-1) Zone Districts. For further information, contact Jessica Garrow at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO, (970) 429-2780, Jessica.Garrow®cityofaspen.com _� craven ikadron Mayor WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ` Notary Public Aspen City Council """"•'� Published in the Aspen Times on July 23, 2015 KAREN REED PATTERSON (11378973) NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS AS APPLICABLE: NOTARY ID #19964002767 • COPY OF THEPUBLICA TION My Commission Expires February 15, 2nt6 • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 MEMORANDUM TO: Mayor Skadron and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: CC and C-1 Code Amendment Ordinance 25, Series of 2015 DATE: July 13, 2015 (PH August 10, 2015) SUMMARY: The attached Ordinance is for amendments to the City's Land Use Code to address legally established free-market residential units in the Commercial Core (CC) and Commercial (C-1) zone districts. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance on First Reading. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the 1st reading of proposed code amendments related to the CC and C-1 zone districts. 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. BACKGROUND: In January 2013, City Council approved a code amendment to the Commercial Core (CC) and Commercial (C-1) zone districts that eliminated free-market residential units as an allowed use in these zones (Ordinance 25, Series 2012). This had the effect of rendering all existing free- market residential units as non -conforming uses. This meant that existing free-market residential units could not expand, and were subject to certain limits on investment and maintenance in the unit. Recently, a group of owners from the Concept 600 building approached the Community Development Department to request relief from the prohibition on free-market residential uses, particularly the investment limitation. A number of owners in that building and others have had difficulty finding bank financing as well as getting homeowners insurance because their units are considered non -conforming. CC and C-1 I` Reading, July 13, 2015 Page 1 of 2 OVERVIEW: Staff proposes a code amendment that would allow free-market residential units legally established or approved prior to the adoption of Ordinance 25, Series 2012 in the CC and C-1 zones. No new free-market residential units could be established in these zones. Based on Council feedback during the public hearing on the Policy Resolution, staff has included the ability to expand existing units up to the previous unit size cap of 2,000 sq ft of net livable (2,500 sq ft with the landing of an historic TDR). Floor area, however, is proposed to be limited to what exists today. Staff believes this change is consistent with the direction of the original CC and C-1 code amendments, while recognizing that most existing free-market residential units are not likely to be eliminated by their owners. This code amendment would enable existing owners to maintain their units, and would eliminate the code -related financing obstacles. The code amendment would allow internal expansions or combination of units, but would not allow additional floor area. REFERRALS & OUTREACH: A meeting was held with the Planning and Zoning Commission to obtain feedback on the proposed code amendment. The Planning & Zoning Commission supported the code amendment as proposed by staff. A copy of the meeting minutes is attached as Exhibit C. In addition, staff has worked with the Concept 600 owners and representatives. City Council approved a Policy Resolution on this code amendment, attached as Exhibit D. STAFF RECOMMENDATION: Staff recommends adoption of the proposed ordinance. RECOMMENDED MOTION: "I move to approve Ordinance No. 25, Series of 2015, on first reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — CC and C-1 Code Redlines Exhibit C — P&Z meeting minutes, May 19, 2015 Exhibit D — Approved Policy Resolution CC and C-1 I" Reading, July 13, 2015 Page 2 of 2 ORDINANCE No. 25 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.710.140 — COMMERCIAL CORE (CC) ZONE DISTRICT, AND CHAPTER 26.710.150 — COMMERCIAL (C-1) 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 prepare amendments to the Commercial Core (CC) and Commercial (C-1) Zone Districts; 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 regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 22, 2015, the City Council approved Resolution No.64, Series of 2015, requesting code amendments to the Land Use Code for the CC and C-1 Zone Districts; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.710.140 — Commercial Core (CC) Zone District and Chapter 26.710.150 — Commercial (C-1) Zone District; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.710.140(B)(3) — Commercial Core (CC), Permitted uses, Uses allowed on second floors, shall be amended as follows: 3. Uses allowed on second floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi -family housing. Section 2: Chapter 26.710.140(B)(5) — Commercial Core (CC), Permitted uses, Uses allowed on Code Amendment — CC and C-1 First Reading Ordinance 25, Series 2015 Page 1 of 5 third floors, shall be amended as follows: 5. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses. Section 3: Chapter 26.710.140(B) — Commercial Core (CC), Permitted uses, shall be amended to add the following subsections: 6. Free -Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. 7. Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. Section 4: Chapter 26.710.140(D)(12) — Commercial Core (CC), Dimensional requirements, Floor area ratio (FAR), shall be amended to add the following subsection: e. Free -Market multi family housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Section 4: Chapter 26.710.140(D) — Commercial Core (CC), Dimensional requirements, shall be amended as follows: [Subsections I —13 are unchanged, except as outlined above] 14. Net Livable Area (square feet): a) Affordable multi family housing: No limitation. b) Free -Market Residential: Overall net livable for a building or project area is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. i. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. ii. The property owner may increase individual multi -family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: Code Amendment — CC and C-1 First Reading Ordinance 25, Series 2015 Page 2 of 5 1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. Section 5: Chapter 26.710.150(B) — Commercial (C-1), Permitted uses, shall be amended as follows: [Subsection I shall be unchanged] 2. Uses allowed on second floors: Lodging, affordable multi -family housing. 3. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses. 4. Free -Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. 5. Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. Section 6: Chapter 26.710.150(D)(12) — Commercial (C-1), Dimensional requirements, Floor area ratio (FAR), shall be amended to add the following subsection: f. Free -Market multi family housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Code Amendment — CC and C-1 First Reading Ordinance 25, Series 2015 Page 3 of 5 Section 7: Chapter 26.710.150(D) — Commercial (C-1), Dimensional requirements, shall be amended as follows: [Subsections I —13 are unchanged, except as outlined above] 14. Net Livable Area (square feet): a) Affordable multi family housing: No limitation. b) Free -Market Residential: Overall net livable for a building or project area is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to_2,000 sq. ft. of net livable area. i. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. ii. The property owner may increase individual multi -family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: 4) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 5) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 6) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. Section 8• Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 9: Effect Upon Existing Litigation. Code Amendment —CC and C-1 First Reading Ordinance 25, Series 2015 Page 4 of 5 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 10: 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 11: 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 12• A public hearing on this ordinance was held on the _th day of , 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 was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 52014. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2015. Attest: Linda Manning, City Clerk Approved as to form: City Attorney Steven Skadron, Mayor Code Amendment — CC and C-1 First Reading Ordinance 25, Series 2015 Page 5 of 5 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three — Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed amendment is not in conflict with any applicable portion of Title 26. It amends the CC and C-1 zone districts to allow legally established free-market residential units (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) to remain in these zones. It does not allow increases in floor area for the use, nor does it allow new residential units. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: Staff believes there is a community interest in allowing existing free-market residential units to be maintained. Despite the code prohibition on free-market residential units, it is highly unlikely that these units will disappear. This code amendment clarifies the 2013 CC and C 1 zone districts changes (Ordinance 12, Series 2012) by maintaining the prohibition on new free-market residential units and expansion of existing units, while enabling regular maintenance and upkeep of existing free-market residential units. This is consistent with the AACP goals of creating certainty in the land use process (pg 27) for these homeowners, as well as controlling and limiting the location and massing of free-market homes (pg 25). Potential benefits to making the use conforming include removing the owners' disincentive to invest in the upkeep of their properties, and removing the barrier that a nonconforming designation has to attaining financing for such improvements. The existing prohibition on new free market residential uses would remain. 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 this code amendment is to enable residents to maintain their existing residential units located in the CC and C-1 zone districts. Staff finds this objective is compatible with Aspen's community character, the land use code, and the public interest. Staff finds this criterion to be met. Exhibit A — Staff Findings CC and C-1, Vt Reading — 7/13/2015 Page 1 of 2 Exhibit 13: Land Use Code Redlines 26.710.140 Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, free-market housing, and short term vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front -most street -facing fagade. This prohibition shall not apply to split-level buildings (see definition) or properties north of Main Street. Parking shall not be allowed as the sole use of the ground floor. Automobile drive -through service is prohibited. 3. Uses allowed on second floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi -family housing_, home oeeapations and vaeatiOn 4. Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). 5. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses, and vaeation feR esideHtial Emits established piTor"—to the adeption of Ordin ee 7�—rrv-2-4 (SeFieS f20i2) 6. Free -Market Residential units are permitted on any level if they were legall established (having received a Certificate of Occupancy, Development Order, or Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 1 of 8 applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. A&7.Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Gasoline service station. 2. Commercial parking facility, pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: 1. Minimum Gross Lot Area (square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear yard setback (feet): No requirement 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height (feet): a) For properties located on the south side of a Street: (1) Twenty -Eight (28) feet for two story elements of a building. b) For properties located on the north side of a Street: (1) Twenty -Eight (28) feet for two story elements of a building. (2) Thirty-eight (38) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. (a) Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. (b) The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 2 of 8 and Historic District Design Objectives and Guidelines. City Council may approve third story conditioned space that exceeds this footprint limitation if the proposed development is compatible with the community character and is in harmony with the public interest. 9. Minimum floor to floor heights: a) Minimum First Floor to Second Floor floor -to floor: Thirteen (13) feet. b) Minimum Upper Floor -to -ceiling height: Nine (9) feet. c) Floor -to -Ceiling heights in upper floors shall be less than the floor -to -ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): No requirement. 11. Public amenity pace: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.75:1. c. Affordable multi family housing: No limitation. d_Lodging: 0.5:1, which may be increased to 2.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. 4:e.Free-Market multi -family housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off units, this maximum shall apply to the largest possible combination of units. 14. Net Livable Area (square feet): a) Affordable multi -family housing: No limitation. b) Free -Market Residential: Overall net livable for a building or project area is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 3 of 8 i. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. ii. The property owner may increase individual multi -family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: 1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferringdevelopment rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit . 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures fo extinguishing certi rcates. 4415. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 4 of 8 26.710.150 Commercial (C-1). A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed -use buildings with commercial uses on the ground floor, opportunities for affordable residential density, and to support vacation rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, lodging uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. Automobile drive -through service is prohibited. 2. Uses allowed on second floors: Lodging, affordable multi -family housinge oee t+c+�s—and —Vae-atkffl Fentals iii neA' Fesidential t;;ms and aHy v`:de*ial- init 3. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses, and vaeati rentals in residential units established PFiE)F tO the adeptioa efor-difianee 25, 4. Free -Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free -Market Residential Units may be established. 3.r.5.Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Affordable multi -family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area (square feet): Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 5 of 8 a. Bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height: a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: i. For properties located on the south side of a Street: 1. Twenty -Eight (28) feet for two story elements of a building. ii. For properties located on the north side of a Street: 1. Twenty -Eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to thirty- eight (38) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. 2. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 6 of 8 3. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. City Council may approve third story conditioned space that exceeds this footprint limitation if the proposed development is compatible with the community character and is in harmony with the public interest. 9. Minimum floor heights a. Minimum First Floor to Second Floor floor -to floor height: Eleven (11) feet. b. Minimum Upper Floor -to -ceiling height: Nine (9) feet. c. Floor -to -Ceiling heights in upper floors shall be less than the floor -to -ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi -family housing: No limitation. d. Lodging: .5:1, which may be increased to 2:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. e_Bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same -sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. f. Free -Market multi- amily housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 7 of 8 44—. ,Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off units, this maximum shall apply to the largest possible combination of units. 13. 14. Net Livable Area (square feet): a) Affordable multi -family housing: No limitation. b) Free -Market Residential: Overall net livable for a building or project area is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy greater net livable area. Individual units shall be limited to 2.000 sq. ft. of net livable area. iii. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. iv. The property owner may increase individual multi -family unit size by extin wishing Historic Transferable Development Right Certificates ('`certificate" or "certificates"). subject to the following_ 4) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 5) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferringdevelopment rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may applied per unit). 6) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extin u�g certificates. 44.1 >. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. Exhibit B — Land Use Code Redlines, CC & C-1 zones Page 8 of 8 Exhibit C Regular Meeting Planning & Zonin2 Commission May 19, 2015 Mr. Gibbs added that allowing houses to timeshare may encourage higher occupancy which he supports. Mr. Mesirow added he would support changes to allow higher occupancy as well. CC / C-1 Clarifications Ms. Levy provided the background regarding the impacts to free market residential units located in CC and C-1 zone districts with the enactment of Ordinance 25, series 2012. Permitted uses on the fourth floor are not addressed in the code, despite the existence of several buildings with four floors above ground level in both districts. The City has received requests from owners of the fourth floor units who wish to upgrade or expand their units. The current code allows the units to continue to exist, but consider them units of non -conforming use and therefore subject to the non -conforming portion of the code. The owners of the units experience difficulties obtaining financing and building permits based on the non -conforming status. Staff is proposing to amend the code to clarify the free market residential units established prior to Ordinance 25, series 2012 continue in CC and C-1 as conforming as long as they do not expand. Currently there is a 10% cap for a 12 month period to improve or maintain a non -conforming unit. One of the properties impacted is the Concept 600 building located at 600 E Main St. Mr. Bendon explained the non -conforming portion of the code needs a complete review and upgrades. He also explained at the time Ordinance 25, series 2015 was approved, emphasis was placed on reducing height to 28 ft and eliminating new penthouses and not necessarily realizing the impacts to existing units. He is aware there is a substantial number of units impacted by this ordinance. He also feels the 10% cap does not make sense for the residential units. Mr. Bendon then stated this was not technically a public hearing but was aware of members of the public at the meeting who may want to provide comment if allowed. Mr. Walterscheid then asked for members of the public to provide comment if they wished. Mr. Jim Smith lives at the Concept 600 building is also president of the homeowners association. He stated he became aware of the issues when he attempted to obtain a building permit six months ago to expand their porch. He stated they would like to see the long existing free market resident units recognized as conforming. He reviewed old meetings in an effort to determine the focus of the efforts to approve Ordinance 25, series 2012 which he feels focused on future development instead of the existing units. He also feels it was an unintended consequence. He would like the code to be clarified to allow units to be maintained, upgraded and improved as needed as well as allow other provisions available prior to the ordinance. Ms. Lindsey Smith also lives at the Concept 600 building. She described the type of tenants in the building including long term renters, short term renters, and locals. The free market units are not separated from the renters. She feels the building represents a cross section of the visitors and residents of Aspen. Many improvements have been completed to the building to meet safety and ADA requirements. She reiterated the same requests as Mr. Smith. Mr. Bill Sterling is a commercial user of the building as of 1978. He is troubled by the non -conforming status and feels it may negatively impact the real estate market values and impede financing. He would like the ordinance to be amended to allow flexibility to maintain and upgrade the units. He feels the ordinance had unintended consequences. Page 4 Regular Meetin Planning & Zoning Commission Mai, 19, 2015 Mr. Jody Edwards represents the unit owners and feels Staff's proposal is a good first step. He is concerned the owners will not be able to expand their units. As examples, he stated owners may want to expand their deck to the near wall, combine w adjacent units or extend the top roof to cover their deck. He noted some owners had completed similar projects in the past. Mr. Walterscheid then closed the public comment portion of the meeting. Mr. Walterscheid asked Staff for rebuttal. Mr. Bendon stated Staff wants to focus on making the units conforming to stay with the intent of the ordinance. The owners have other mechanisms to utilize to pursue expansions or changes in use for the units. Mr. Walterscheid then asked for comments from the commissioners. Ms. Tygre does not like to change code that only affects one property but feels the ordinance was over- reaching. She feels it is best to keep the scope narrow at this point in time. Mr. Gibbs agreed. Mr. Mesirow asked if the intent of City Council was to cease development of larger penthouses. Mr. Bendon stated he doesn't expect the units to amortize away and feels at the time the ordinance was approved, the focus was on the impact the penthouses had on the commercial use of the buildings along with height, mass and scale. Mr. McNellis asked how the 10% cap was determined. Mr. Bendon stated it is an outdated percentage and Ms. Levy added that she found other cities are eliminating the cap altogether. Mr. Bendon stated Staff will present options to City Council to consider to move forward Land Use Code Applicability Ms. Garrow described the proposed code amendments to address minor amendments, major amendments and multi -step processes. P&Z supports staff's recommendations. Mr. Walterscheid then adjourned the meeting. Cindy Klob City Clerk's Office, Records Manager Page 5 Exhibit D RESOLUTION NO. 64 (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO THE LAND USE CODE FOR THE CC AND C1 ZONE DISTRICT. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to amend the CC and C-1 zone districts; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the Planning and Zoning Commission and certain existing free-market residential property owners; 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 June 22, 2015, the City Council approved Resolution No. 64, Series of 2015, by a three to one (3-1) vote, requesting code amendments to 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 City Council hereby directs staff to draft and pursue a code amendment to the CC and C-1 Zone Districts. The objective of this code amendment is to enable residents to maintain their existing free-market residential units located in the CC and C-1 zone districts. The prohibition on new free-market residential units shall remain in place. 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 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 Resolution No. 64, Series 2015 CC and C-1 code amendment Page 1 of 2 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this 22 day of June, 2015. Steven Skadron, Mayor ATTEST: APPROVED AS TO FORM: Linda Manning, City Clerk lames R True, City Attorney Resolution No. 64, Series 2015 CC and C-1 code amendment Page 2 of 2 ��& / "-�,7 /�� 4 1e�- n- PROPOSED AMENDMENDATORY LANGUAGE IS IN BOLD -UNDERLINE - ITALICS 26.710.140 Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed - use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, free-market housing, and short term vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front -most street -facing fagade. This prohibition shall not apply to split-level buildings (see definition) or properties north of Main Street. Parking shall not be allowed as the sole use of the ground floor. Automobile drive - through service is prohibited. 3. Uses allowed on second floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi -family housing, home occupations and vacation rentals in new residential units and any residential unit established prior to the adoption of Ordinance No. 25 (Series of 2012). 4. Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). 5. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses, and vacation rentals in residential units established prior to the adoption of Ordinance No. 25 (Series of 2012). 6. Residential Uses: Residential units established prior to the adoption of Ordinance No. 25 (Series of 2012) shall be deemed conforming uses and structures, provided that no expansion of them shall be permitted. As used herein, the term "expansion"shall not include the enlargement of outside decks, roof overhangs over exposed decks, or the merger of adjoining units, all of which are permitted, provided that all other ypplicable requirements of this Land Use Code shall appI , such as, for example the 2000 square foot limitation on floor area of condominium units in this zone district. NOTE: OTHER ZONE DISTRICT PROVISIONS NOT INCLUDED AS NOT RELEVANT TO DISCUSSION 26.710.150 Commercial (C-1). A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed -use buildings with commercial uses on the ground floor, opportunities for affordable residential density, and to support vacation rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 2. Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, lodging uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. Automobile drive -through service is prohibited. 3. Uses allowed on second floors: Lodging, affordable multi -family housing, home occupations, and vacation rentals in new residential units and any residential unit established prior to the adoption of Ordinance 25, 2012. 4. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses, and vacation rentals in residential units established prior to the adoption of Ordinance 25, 2012. 5. Residential Uses: Residential units established prior to the adoption of Ordinance No. 25 (Series of 2012) shall be deemed conforming uses and structures, provided that no expansion of them shall bepermitted. As used herein, the term "expansion"shall not include the enlargement of outside decks, roof overhangs over exposed decks, or the merger of adjoining units, all of which are permitted, provided that all other 2 applicable requirements of this Land Use Code shall apply, such as, for example the 2000 square foot limitation on floor area of condominium units in this zone district. NOTE: OTHER ZONE DISTRICT PROVISIONS NOT INCLUDED AS NOT RELEVANT TO DISCUSSION C-600 unit 407. Notice the door threshold with over T of snow on the porch 20 40 60 '= �0 80 =20 60 120 TAYwR- 440 Same snow storm. Notice the flower box on the railing. Summer temperatures normally over 100 degrees on a sunny day. ��ZZ Gam, Exhibit 1 Proposed Extension Porch Extension Current Porch U s; pica rx 4- 1967 Cl ZONE IN ORI- FUTURE C600 IN YELLOW C-600 in yellow 1967 C-1 Zen#- in green plus C-600 2015 C-1 Zone in brown W � * MD •O CA Q� O� Coo Q� M N 0 0 0 0 kn w N A w M w O O � � v � Z v O v � • v1 � � `o *N, �+ 0 c � o L LNLn Exhibit 7 Pedestrian Amenities 270 Feet of Landscaping on Main Street; includes a 40' setback Concept 600: The lights are on! '., i� j,�f-fir• j 'f d- f �,,{j :{�.. .�': Exhibit 9 Pedestrian walkway between Main Street and Obermeyer Place Concept 600: The lights are on! MEMORANDUM TO: Mayor Skadron and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: Policy Resolution: CC and C-1 Code Amendment Resolution 64, Series of 2015 DATE: June 22 2015 SUMMARY: The attached Resolution outlines policy direction for amendments to the City's Land Use Code to address legally established free-market residential units in the Commercial Core (CC) and Commercial (C-1) zone districts. If the Policy Resolution is approved, Staff will bring an Ordinance to City Council that amends the Land Use Code. STAFF RECOMMENDATION: Staff recommends approval of the proposed Resolution. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the City's Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND: In January 2013, City Council approved a code amendment to the Commercial Core (CC) and Commercial (C-1) zone districts that eliminated free-market residential units as an allowed use in these zones (Ordinance 25, Series 2012). This had the effect of rendering all existing free- market residential units as non -conforming uses. This meant that existing free-market residential units could not expand, and were subject to certain limits on investment and maintenance in the unit. Recently, a group of owners from the Concept 600 building approached the Community Development Department to request relief from the prohibition on free-market residential uses, particularly the investment limitation. A number of owners in that building and others have had CC and C-1 Policy Direction Page 1 of 2 difficulty finding bank financing as well as getting homeowners insurance because their units are considered non -conforming. OVERVIEW: Staff proposes a code amendment that would allow free-market residential units legally established prior to the adoption of Ordinance 25, Series 2012 in the CC and C-1 zones. The units would be prohibited from expanding in any way, and no new free-market residential units could be established. Staff believes this change is consistent with the direction of the original CC and C-1 code amendments, while recognizing that most existing free-market residential units are not likely to be eliminated by their owners. This code amendment would enable existing owners to maintain their units, and would eliminate the code -related financing obstacles. Staff s proposal stops short of enabling expansions, a desire of the Concept 600 owners. Staff believes this would be inconsistent with the original Ordinance. Staff has reviewed options with the Concept 600 owners if they decide to initiate their own land use application. REFERRALS & OUTREACH: A meeting was held with the Planning and Zoning Commission to obtain feedback on the proposed code amendment. The Planning & Zoning Commission supported the code amendment as proposed by staff. A copy of the meeting minutes is attached as Exhibit B. In addition, staff has worked with the Concept 600 owners and representatives. 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. 64, Series of 2015." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — P&Z meeting minutes, May 19, 2015 CC and C-1 Policy Direction Page 2 of 2 RESOLUTION NO. 64 (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO THE LAND USE CODE FOR THE CC AND C1 ZONE DISTRICT. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to amend the CC and C-1 zone districts; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the Planning and Zoning Commission and certain existing free-market residential property owners; 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 June 22, 2015, the City Council approved Resolution No. 64, Series of 2015, by a three to one (3-1) vote, requesting code amendments to 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 City Council hereby directs staff to draft and pursue a code amendment to the CC and C-1 Zone Districts. The objective of this code amendment is to enable residents to maintain their existing free-market residential units located in the CC and C-1 zone districts. The prohibition on new free-market residential units shall remain in place. 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 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 Resolution No. 64, Series 2015 CC and C-I code amendment Pagel of 2 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this 22 day of June, 2015. Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk APPROVED AS TO FORM: James R True, City Attorney Resolution No. 64, Series 2015 CC and C-1 code amendment 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 existing free-market residential units to be maintained. Despite the code prohibition on free-market residential units, it is highly unlikely that these units will disappear. Potential benefits to making the use conforming include removing the owners' disincentive to invest in the upkeep of their properties, and removing the barrier that a nonconforming designation has to attaining financing for such improvements. The existing prohibition on new free market residential uses would remain. 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: This code amendment clarifies the 2013 CC and C 1 zone districts changes by maintaining the prohibition on new free-market residential units and expansion of existing units, while enabling regular maintenance and upkeep of existing free-market residential units. This is consistent with the AACP goals of creating certainty in the land use process (pg 27) for these homeowners, as well as controlling and limiting the location and massing of free-market homes (pg 25). 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 this code amendment is to enable residents to maintain their existing residential units located in the CC and C-1 zone districts. Staff finds this objective is compatible with Aspen's community character, the land use code, and the public interest. Staff finds this criterion to be met. Lodge Policy Direction; Exhibit A Page 1 of 1 Exhibit B Regular Meeting Planning & Zoning Commission Mav 19, 2015 Mr. Gibbs added that allowing houses to timeshare may encourage higher occupancy which he supports. Mr. Mesirow added he would support changes to allow higher occupancy as well. CC / C-1 Clarifications Ms. Levy provided the background regarding the impacts to free market residential units located in CC and C-1 zone districts with the enactment of Ordinance 25, series 2012. Permitted uses on the fourth floor are not addressed in the code, despite the existence of several buildings with four floors above ground level in both districts. The City has received requests from owners of the fourth floor units who wish to upgrade or expand their units. The current code allows the units to continue to exist, but consider them units of non -conforming use and therefore subject to the non -conforming portion of the code. The owners of the units experience difficulties obtaining financing and building permits based on the non -conforming status. Staff is proposing to amend the code to clarify the free market residential units established prior to Ordinance 25, series 2012 continue in CC and C-1 as conforming as long as they do not expand. Currently there is a 10% cap for a 12 month period to improve or maintain a non -conforming unit. One of the properties impacted is the Concept 600 building located at 600 E Main St. Mr. Bendon explained the non -conforming portion of the code needs a complete review and upgrades. He also explained at the time Ordinance 25, series 2015 was approved, emphasis was placed on reducing height to 28 ft and eliminating new penthouses and not necessarily realizing the impacts to existing units. He is aware there is a substantial number of units impacted by this ordinance. He also feels the 10% cap does not make sense for the residential units. Mr. Bendon then stated this was not technically a public hearing but was aware of members of the public at the meeting who may want to provide comment if allowed. Mr. Walterscheid then asked for members of the public to provide comment if they wished. Mr. Jim Smith lives at the Concept 600 building is also president of the homeowners association. He stated he became aware of the issues when he attempted to obtain a building permit six months ago to expand their porch. He stated they would like to see the long existing free market resident units recognized as conforming. He reviewed old meetings in an effort to determine the focus of the efforts to approve Ordinance 25, series 2012 which he feels focused on future development instead of the existing units. He also feels it was an unintended consequence. He would like the code to be clarified to allow units to be maintained, upgraded and improved as needed as well as allow other provisions available prior to the ordinance. Ms. Lindsey Smith also lives at the Concept 600 building. She described the type of tenants in the building including long term renters, short term renters, and locals. The free market units are not separated from the renters. She feels the building represents a cross section of the visitors and residents of Aspen. Many improvements have been completed to the building to meet safety and ADA requirements. She reiterated the same requests as Mr. Smith. Mr. Bill Sterling is a commercial user of the building as of 1978. He is troubled by the non -conforming status and feels it may negatively impact the real estate market values and impede financing. He would like the ordinance to be amended to allow flexibility to maintain and upgrade the units. He feels the ordinance had unintended consequences. Page 4 Regular Meeting Planninp_ & Zoning Commission May 19, 2015 Mr. Jody Edwards represents the unit owners and feels Staff's proposal is a good first step. He is concerned the owners will not be able to expand their units. As examples, he stated owners may want to expand their deck to the near wall, combine w adjacent units or extend the top roof to cover their deck. He noted some owners had completed similar projects in the past. Mr. Walterscheid then closed the public comment portion of the meeting. Mr. Walterscheid asked Staff for rebuttal. Mr. Bendon stated Staff wants to focus on making the units conforming to stay with the intent of the ordinance. The owners have other mechanisms to utilize to pursue expansions or changes in use for the units. Mr. Walterscheid then asked for comments from the commissioners. Ms. Tygre does not like to change code that only affects one property but feels the ordinance was over- reaching. She feels it is best to keep the scope narrow at this point in time. Mr. Gibbs agreed. Mr. Mesirow asked if the intent of City Council was to cease development of larger penthouses. Mr. Bendon stated he doesn't expect the units to amortize away and feels at the time the ordinance was approved, the focus was on the impact the penthouses had on the commercial use of the buildings along with height, mass and scale. Mr. McNellis asked how the 10% cap was determined. Mr. Bendon stated it is an outdated percentage and Ms. Levy added that she found other cities are eliminating the cap altogether. Mr. Bendon stated Staff will present options to City Council to consider to move forward. Land Use Code ApplicabilitX Ms. Garrow described the proposed code amendments to address minor amendments, major amendments and multi -step processes. P&Z supports staff's recommendations. Mr. Walterscheid then adjourned the meeting. Cindy Klob City Clerk's Office, Records Manager Page 5 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: /2�•-_t--Go S• Ct�.�s1a. /u� (oda_ ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: L""'Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing 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 (306) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. 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 summary, 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. Signat re The foregoing "Affidavit of Notice" was acknowledged before me this 44 day ou[.t.rVL_ , 20/S, by PUBLIC NOTICE RI-:AMENOIiL OF ASPEN NI)T3 CODE IS HEREBY GIVEN that a public hearing WITNESS MY HAND AND OFFICIAL SEAL NOTICE illmeeb ngtodbegin at 5: on y p.m. beto a he Aspen S. 10 CiN Council, Council Chambers, City Hall, 130 Galena St., As n, to determine if amendments to Use Code should be pursued. My commission expires: the text of the Land The potential amendments would address grand- and Commercial Corfathered uses in the Commercial Core Zone Districts, and would revise Aspen Mu- Code Chapter 26.710, related the non- id conforming status of 9randfetontac residential us- conel es. For further information, contact Becky navy at h Cit of Aspen Community Development-770) Notary Public to y en, .levdtyofaspanPcom CO, 429-2755, beckyy REED PATTERSON s/ Steven Skadron., Mayor Aspen City CouncilPublished NOTARY PUBLIC in theAspen Times on June 4, 2015 [KAREN STATE OF COLORADO („23851i8) NOTATTACHMENTS � ID #199ti4u AS APPLICABLE: rY 15, �P'► ry 15, 2018 • 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-I03.3 MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Rebecca Levy, Planner THRU: Chris Bendon, Community Development Director MEETING DATE: May 19, 2015 RE: CC and C-1 Code Amendments SUMMARY: The Planning and Zoning Commission is asked to provide feedback on CC and C-1 (Chapter 26.710.140 and 26.710.150) code amendments to clarify the status of existing free market residential units that were legally established prior to the 2012 code amendment that prohibited the creation of any new free market residential units. BACKGROUND: Staff is proposing amendments to the Zone District Chapter of the City of Aspen Land Use Code to clarify the permitted uses in the CC and C-1 districts. This policy proposal is in response to several requests from the public for clarification regarding the extent to which legally established non -conforming free market residential uses can maintain and upgrade their properties without expanding their nonconformities. The present language in is worded so as to prohibit free market residential uses on all floors in buildings within the CC and C-1 district, with the exception that free market residential uses established prior to the enactment of Ordinance 25, Series 2012 are permitted to be used as vacation rentals. Consequently, any legally established free market residential use in CC or C-1 on the second or third floors are considered legal nonconforming uses. Permitted uses on fourth floors are not addressed at all in the code, despite the existence of several buildings with four floors above ground level in both districts. The Code's treatment of legal nonconforming uses in 26.312.020.B restricts the amount a nonconforming use and its occupied structure can be maintained in any 12 month period to 10% of the replacement cost of the structure. As long as a free market residential use established prior to Ordinance 25-12 does not expand its use, cease functioning as a free market residential use for a period of 12 months or longer, or exceed the 10% replacement cost in annual maintenance, it may continue its residential use. City staff has received feedback that some property owners of residential units in CC and C-1 that were established prior to Ordinance 25-12 are facing obstacles when seeking financing for maintenance and repairs to their units because lenders are reluctant to finance nonconforming uses. OVERVIEW: Staff is proposing a code amendment that would use more specific language in order to clarify that free market residential units established prior to Ordinance 25, Series 2012 are permitted to continue in CC and C-1 as long as they do not expand. By stating that the continuation of these free market residential uses is a permitted use in CC and C-1 with the condition that they can never expand or discontinue for a period of 12 months, such uses would become conforming. It is highly likely that many of these existing free market residential uses will continue their use, regardless of whether or not they are conforming. Potential benefits to making these uses conforming include removing the owners' disincentive to invest in the upkeep of their properties, and removing the barrier that a nonconforming designation has to attaining financing for such improvements. The existing prohibition on new free market residential uses would remain. REQUEST OF P&Z• The Planning and Zoning Commission is asked to provide feedback on the proposed code amendment. PAIL IP � �...�� r \ r ' h.SpI ,,M, \ C-I i : R E \ j aspen P O U P P Po '7 P GrwJfram LPPO L PO r ram~ SPA iUPOJ ..�.,� CL r L I i f ~t►C,� c r ► r r `-- ro Po Cc. i ! CL�� . r 'r r r MAIN 3 ► W Nu Cy- $ SPr',n06 . C i MU .� rro j AN "7 P. r R!MF Overview and Adverse Impacts of Ordinance 25 (2012) The adoption of Ordinance 25 (2012) was a well-intentioned response to excessive development in the urban core of Aspen. At the beginning of the discussions leading up to this Ordinance, the concerns were the height, mass and scale of the new buildings in the downtown area, as well as the construction of rarely occupied free-market penthouses. They were judged to cause the downtown to be dark and lifeless at night - called "lights out" by Council members. However, after numerous changes, by the time Ordinance 25 was adopted, it also had dramatic adverse impacts on the use of existing buildings in the CC and C 1 zones. For example, by outlawing all free market residential uses in the C-1 zone district, it changed Concept 600 (C600) from a conforming use to a non -conforming use. This radical change has created substantial hardships on C600's residential units, which we believe was an unintended consequence of the Ordinance, in that it will frustrate the realization of the City's goal of a balanced, sustainable and lively urban environment. Concept 600's Zoning History The modern C 1 zone district and its regulations are not appropriate for Concept 600. The City's 1967 zoning map shows the Commercial Core (CC) surrounded on all four sides by land parcels and structures designated as C 1. At the time of the 1967 zoning, Concept 600 did not exist; but the land on which C600 is now located, 600 E. Main, was included in the C1 zone. Five years later, in 1972, Concept 600 was built. Since 1967, there have been many changes to the City's zone districts and their boundaries; however, it appears from the City zone district map that despite zoning changes to properties all around it, C600 was left in the C-I zone and is now the only whole property on the north side of Main Street that is in the C-1 zone. Contrary to the purpose of the C 1 zone, Concept 600 does not provide a transition to residential. To the north of C600 is Obermeyer Place, which is S/C/I. Further north is the recycling center, followed by the John Denver Sanctuary, then Theater Aspen and its surrounding park, and finally the Roaring Fork River. To the west is the Zupancis property which has a mix of Cl, CC and S/C/I zone districts and is likely to be rezoned to Public. On the east are the River Park Townhouses in the RMF/PUD zone district and the non-residential Eagle Lodge north of it in the R-6 zone district. The C-1 designation for C600 has become an anomaly created by the changes around this property and is not the result of intentional public policy. The adoption of Ordinance 25 was not directed at C600 but, nevertheless, it was captured within its prohibitions. About Concept 600 A. Concept 600 exemplifies almost everything that City Council members say they want in or near downtown Aspen. It is a building ... 1. where long-term renters (locals), short-term renters and owners live together on the same floors, 2. where the old, the young, families and singles live together, 3. where there are 40 on -site, underground parking spaces - one for each residential unit (rentals included) and ten for commercial employees, 4. where all renters and commercial employees have unfettered access to the elevator and hot tub, 5. where unlimited short-term rentals are allowed at affordable nightly rates for units with two or three bedrooms, 2-full baths, kitchens, dining and living rooms, washer/dryer, free parking, and free high- speed intemet and cable TV, 6, where there is no roof -top deck, 7. where all mechanicals are underground and 8. where the lights are on. B. Concept 600 has 30 free-market residential units Year round 73% of the residential units are occupied with locals, owners and visitors. During the summer, the occupancy rate climbs to 90%. Below is a breakdown of these units. 1. Nineteen (63%) are rental units as described below: 11 are rented long-term by locals (electrician, dentist, business owners, teacher, service employees, interior decorator, families with kids, realtors, art gallery owner, etc.) and • 8 are short-term rentals that provide affordable lodging for Music School and Physics Institute participants, tourists and people attending special events. 2. Three (10%) are full-time, owner -occupied. 3. Two (7%) are occasional short-term rentals to friends and other owners. 4. Four (13%) are used by owners and their friends and family all summer and fall, in addition to many weeks during winter. 5. Two (7%) are unoccupied (1 for sale and I whose owner is quite ill and forced to live elsewhere). C. Concept 600's Commercial Space The commercial spaces have two long-time owners. Holland & Hart owns and occupies one side and the other side is leased by Stirling/Peak, Susie's and Lather. All are local- and tourist -serving businesses. One of the employees lives in C600. D. Upgrades to the Building and Units Over the last 10 years, the owners have spent many hundreds of thousands of dollars maintaining and upgrading the building and the commercial and residential units. They have ... 1. renovated their residences (both rentals and non -rentals)*, 2. added air conditioning systems to some residences and businesses*, 3. replaced single -pane windows and doors with double -pane*, 4. replaced wood -burning fireplaces with gas fireplaces*, 5. repaired the Main Street porches, 6. replaced exterior steps, 7. re -landscaped both the Main Street and alley sides of the building (C600 spends about $3k annually for flowers, plants, landscaping materials and labor)*, 8. upgraded the 42-year-old elevator so it meets City and ADA codes*, 9. replaced the fire/smoke/CO detector system to meet current codes*, 10. installed sound -proofing material in residential floors during renovations*, 11. installed a camera security system (single women really like this)*. 12. remediated asbestos issues in the air space above Holland and Hart*, 13. replaced cracked, cast-iron drain lines during renovations of residential and commercial units pre- empting damage to the units below, 14. installed a hot tub (not on the roof) that is available to all residents, renters and guests* and 15. continued to build a capital reserve account. Because of Ordinance 25, the Owners will no longer be allowed to do the type of work indicated by a red asterisk (*) above. These items do not fall under "normal maintenance" as specified in Aspen's land use codes and defined as follows: That non -extraordinary maintenance carried out in any twelve (12) month period on a regular schedule necessary to preserve the safety and structural integrity of a nonconforming use or structure, including the repair and/or replacement of nonbearing walls, fixtures, wiring or plumbing. (LUC 26.104.100). E. Ownership About 84.5% of Concept owners have owned longer than 10 years; over 50%, more than 20 years. Of the 32 units (residential and commercial), the length of ownership is as follows: 30 - 42 years = 10 (31.3%), two of which are original owners 20 - 29 years = 6 (18.8%) 10 - 19 years = 11 (34.4%) < 10 years = 5 (15.6%) Several C600 owners are ready to upgrade and improve their units and porches but are unable to do so because of Ordinance 25. C600 owners are not looking for nor do they want a developer to buy out the C600 owners. 2 Negative Effects of Ordinance 25 on Concept 600 Everything in Ordinance 25 took away the rights that the C600 owners had enjoyed for over 42 years - rights that continue to be available to older lodges and condos in town not affected by Ordinance 25. Ordinance 25 ... I. Eliminates existing and long -enjoyed residential uses in C600, a severe limitation that is not imposed on other existing, older condominiums in the other zone districts, 2. Strips the owners of their right to upgrade and modernize the exterior of the building, 3. Robs owners of the "now, 30 non -conforming residential units" of the right to improve/upgrade the Q quality and appearance of their property and 4. Depresses property values, rental rates and the enjoyment of these properties as they deteriorate. What benefit does the City perceive if the physical condition of C600 is administratively compelled to deteriorate? We fail to see how this could possibly be in the community's best interests or help to achieve the City's goals. Mick Ireland's Study When Mick Ireland presented his study about the dwindling number of residences in the CC and C 1 zones to City Council, he said he did not include any C I buildings north of Main Street. He stated that he compared census data from 2000 and 2010 and found that the number of residential units had decreased to the point where only 31 such units are in CC and C 1. If Mick had included C600, which happens to be the ONLY C 1 building north of Main Street, that number would have almost doubled (a 97% increase) to 61 because C600 has 30 residences. It does not appear that C600 was intended to be included in the Ordinance 25 prohibitions. Concept 600's Pedestrian Amenities Over the years, C600 owners have quietly and without fanfare, provided several public amenities to the City. C600 gladly allowed a pedestrian walkway to be built on C600 property on the west side of the building from Main Street to Obermeyer Place. C600 did not ask for one thing in return from either the City or Obermeyer Place. C600 still owns parts of this walkway and helps Obermeyer Place maintain it. On the east side of C600, the owners provided another public amenity, a picnic area. People visiting C600's businesses and those just walking past C600 find this area inviting and stop for lunch, make phone calls, hold informal meetings, read a book, etc. C600 has the largest landscaped yard on Main Street. Owners believe that the amazing flowerbeds are their contribution to making Aspen beautiful. The flowers are one of the first visual impressions of Aspen that visitors coming from Independence Pass see. Pedestrians continually comment on the beauty of the flower beds. Some people enjoy the flowers so much that they pick them for bouquets and harvest the seeds for their own flowerbeds. Alternative Remedies The problems with the new restrictions resulting from Ordinance 25 are the prohibition on free-market residential uses (e.g., creates a non-conforminguse)and the fact that, though long -existing, C600 does not meet the current dimensional requirements of its zone district (e.g., non-conformin tructure . To remedy these unintended, negative consequences and the adverse effects of Ordinance 25 on the Concept 600 building, Council should consider: • A friendly amendment to the City land use code to exempt existing buildings north of Main Street from the free-market residential use prohibition or • The creation of a supplementary Mixed Use zone district akin to the nearby, existing Mixed Use (MU) zone, and rezone C600 to this new zone. Either of these processes would "zone to use" C600, recognizing that until the structure is substantially redeveloped 1) existing, free-market multifamily, mixed -uses and 2) current building dimensions are lawful. Wording for either process could ensure that any new structures, if wholesale redevelopment took place, would conform to future land use codes. This would address any concerns about future unwanted uses and size. Eliminating the harmful effects of Ordinance 25 on Concept 600 would benefit the community because Concept 600's existing, free-market multi -family housing stock is arguably one part of the backbone for housing tourists and locals so they can be close to Aspen's core. If Council wants to foster a vibrant and welcoming community, it is essential that the City recognize C600's contribution to this goal. It is also essential that the City allow the free-market residential use to be restored to ensure that owners do more than routine maintenance to the residential units and the building. Doing this will not cost the City and its taxpayers any money and will help achieve some of the long -expressed City goals. It is our hope that a second look and thoughtful consideration will negate the harmful impacts Ordinance 25 has on Concept 600. We look forward to working with City staff, the P&Z and City Council in these efforts. CONCEPT 600: OUR LIGHTS ARE ON! 4 Becky Levy From: Chris Bendon Sent: Friday, April 3, 2015 2:03 PM To: Becky Levy Subject: FW: Concept 600 and Ord. 25 Follow Up Flag: Follow up Flag Status: Flagged Chris. 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 upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Herb Klein [mailto:hsk@kceclaw.com] Sent: Friday, April 03, 2015 9:10 AM To: Chris Bendon Subject: Concept 600 and Ord. 25 Hi Chris, I am assisting the Concept 600 Condominium Association and some of the owners who have spoken with you about having a code amendment that excludes property north of Main Street from the residential restrictions of Ord. 25 of 2012. Ed Van Walraven informed me that he spoke with you and that you were going to assign is to one of your staff to work on. I am following up on this and would appreciate learning who this has been assigned to so that I may discuss it with that person. Some of the owners want to do work on their units this summer and fear that we are running out of time. Please let me know how this is progressing and who I should be in touch with about the amendments. Thanks and best regards, Herb Please note our new physical address and new email address and update your records accordingly. Thank you. -�rbert S. Klein, Esq.(*) in Cote Edwards Citron, LLC S. Mill St., Suite 200 Aspen, Colorado 81611 Tel: 970.925.8700 Fax: 970.925.3977 email: hsk(a,kceclaw.com <mailto:hsk(t �,kcecla",.com> Visit our website at http://kceclaw.com (*) ADMITTED TO PRACTICE IN COLORADO AND HAWAII K KLEIN COTt EDWARDS CITRON LLC E ATTORNEYS The information contained in this e-mail message may be attorney -privileged and confidential information. In any event, it is intended only for the use of the intended recipient(s) named above. If you are not an intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone (970-925- 8700) or e-mail, and delete this e-mail message. Thank you. Also, we do not guaranty that any files attached to this email are virus free, you should scan any attached files for viruses before opening them. Becky Levy From: Sent: To: Subject: Follow Up Flag: Flag Status: Chris. Chris Bendon Friday, April 3, 2015 2:07 PM Becky Levy FW: Position Paper on C600 and Ordinance 25 (2012) Follow up Flagged 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 upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Chris Bendon Sent: Tuesday, February 17, 2015 11:46 AM To: 'jimlindsaysmith@aol.com' Subject: RE: Position Paper on C600 and Ordinance 25 (2012) Jim: I don't have time tomorrow. The soonest I could schedule a meeting is Friday. But here's some options: I could add this to our staff work program. As you suggested, a simple exclusions to the residential restriction could be adder C 1 properties north of Main. I have a bunch of code amendments we are already working on, but I could assign this to a planner and get it going. Given what I already have staff working on, timing would probably be 3-6 months, potential quicker, but you wouldn't need to do anything (you wouldn't be the applicant). I may ask for you to attend a meeting and/or submit something saying the property owners are not opposed to the change. One of our code amendment items is a wholesale rewrite of our non -conforming section. This would a iminate the investment restrictions and allow owners to do most all of the work you listed. This is a complex rewrite and I haven't been able to assign it to staff for lack of staffing capacity. So, I don't have a timeframe, but I hope to get it done this year. This also wouldn't require you to be the applicant. You could apply for a rezone to MU. I would need you to be the applicant and submit a formal request. This would proceed through P&Z and Council and would be probably 3-6 months depending on other items that get scheduled. It would also cost you in the neighborhood of $5-10,000 as the applicant. For this we would probably need to meet to go over the application contents. One thing we would need is a formal action of your board and potentially a petition from 50+% of the owners. Frankly, I suggest the first option. I think its easiest for you and probably the quickest. Let me know your thoughts. Chris. 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 upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Romero, Dwayne [ma iIto: DRomero(abRelated.com] Sent: Tuesday, February 17, 2015 10:00 AM To: 'jimlindsaysmith@aol.com' Cc: Chris Bendon; Barry Crook; Steve Skadron Subject: RE: Position Paper on C600 and Ordinance 25 (2012) Jim — my apologies for the delayed response. I have reviewed, and I have asked Chris Bendon (cc'd here) to reach out to you for a meeting to discuss the issues/possible directions. His team is in the best position to provide guidance within the land use code, and to assist C600 with understanding its options. Thanks, Dwayne From: jimlindsaysmith(cbaol.com[mailto:jimlindsaysmith(�aol.com] Sent: Wednesday, February 11, 2015 4:57 PM To: Romero, Dwayne Subject: Position Paper on C600 and Ordinance 25 (2012) Hi Dwayne, Lindsay and I have spent a fair amount of time since we last spoke with you thinking about this topic, trying to explain it and proposing remedies. Attached is the result of our efforts. We would be available at any time to discuss it with you and anyone else from the City to help them understand our concerns and work toward a solution. We would appreciate any help you might be able to provide Jim and Lindsay Smith The information contained in this message and any attachment(s) may be privileged, confidential, proprietary or otherwise protected from disclosure and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message and any attachment is strictly prohibited and may be unlawful. If you have received this message in error, please notify us immediately by replying to this email and permanently delete the message from your computer. Nothing contained in this message and/or any attachment(s) constitutes a solicitation or an offer to buy or sell any securities. ORDINANCE No.0 (Series of 2� 1 ) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.710.140 — COMMERCIAL CORE (CC); 26.710.150 — COMMERCIAL (C-1); 26.710.200(B)(1) — COMMERCIAL LODGE (CL), PERMITTED USES, USES ALLOWED IN BASEMENT AND GROUND FLOORS; 26.575.020(F)(4)(E) — MEASURING BUILDING HEIGHTS, ALLOWED EXCEPTIONS TO HEIGHT LIMITATIONS, MECHANICAL EQUIPMENT. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the allowed heights and land uses in the downtown; 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, including three small group meetings, an Open City Hall Forum, an on-line survey, and individual letters from members of the public, to gain feedback from the community on potential code changes to the CC and C-1 zone districts; and, WHEREAS, the more than 200 individuals were engaged in the Public Outreach process; and, WHEREAS, during a duly noticed public hearing on August 27, 2012, the City Council approved a Policy Resolution, Resolution 82, Series of 2012, directing staff to process code amendments related to heights and land uses in the downtown, by a three - two (3 - 2) vote; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.710.140 — Commercial Core (CC); 26.710.150 — Commercial (C-1); 26.710.200(B)(1) — Commercial Lodge (CL), Permitted Uses, Uses allowed in basement and ground floors; 26.575.020(F)(4)(e) — Measuring Building Heights, Allowed Exceptions to Height Limitations, Mechanical Equipment; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments ad finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 1 of 8 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: 26.710.140 — Commercial Core (CC), shall be amended as follows: A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service, commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, and short term vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front -most street -facing fagade. This prohibition shall not apply to split-level buildings (see definition) or properties north of Main Street. Parking shall not be allowed as the sole use of the ground floor. Automobile drive - through service is prohibited. 3. Uses allowed on second floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi -family housing, home occupations, and vacation rentals in new residential units and any residential unit established prior to the adoption of Ordinance 25, 2012. 4. Uses allowed on basement, around and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). 5. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses, and vacation rentals in residential units established prior to the adoption of Ordinance 25, 2012. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) Zone District, subject to the standards and procedures established in Chapter 26.425: City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 2 of 8 1. Gasoline service station. 2. Commercial parking facility, pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: 1. Minimum Gross Lot Area (square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear yard setback (feet): No requirement 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height (feet): a. For properties located on the south side of a Street: i. Twenty -Eight (28) feet for two story elements of a building. b. For properties located on the north side of a Street: i. Twenty -Eight (28) feet for two story elements of a building. ii. Thirty-eight (38) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. a) Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. b) The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. City Council may approve third story conditioned space that exceeds this footprint limitation if the proposed development is compatible with the community character and is in harmony with the public interest. 9. Minimum floor heights: City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 3 of 8 a. Minimum First Floor to Second Floor floor -to floor: Thirteen (13) feet. b. Minimum Upper Floor -to -ceiling height: Nine (9) feet. c. Floor -to -Ceiling heights in upper floors shall be less than the floor -to -ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): No requirement. 11. Public amenity space: Pursuant to Section 26.575.030, 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.75:1. c. Affordable multi family housing: No limitation. d. Lodging: 0.5:1, which may be increased to 2.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. 14. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off units, this maximum shall apply to the largest possible combination of units. 15. Commercial/residential ratio: The total residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. Section 2: 26.710.150 — Commercial (C-1), shall be amended as follows: A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed -use buildings with commercial uses on the ground floor, opportunities for affordable multi -family residential density, and to support vacation rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on basement ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, lodging uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 4 of 8 breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. Automobile drive -through service is prohibited. 2. Uses allowed on second floors: Lodging, affordable multi -family housing, home occupations, and vacation rentals in new residential units and any residential unit established prior to the adoption of Ordinance 25, 2012. 3. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses, and vacation rentals in residential units established prior to the adoption of Ordinance 25, 2012. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Affordable multi -family housing, or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area (square feet): a. Bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling; unit (square feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 5 of 8 6. Minimum rear yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height_ a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: i. For properties located on the south side of a Street: 1. Twenty -Eight (28) feet for two story elements of a building. ii. For properties located on the north side of a Street: 1. Twenty -Eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to thirty-eight (38) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. 2. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. 3. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. Thn location of the third story is subject to review and compliance v '',apter 26.412 and the Commercial, Lodging and Historic F .'n Objectives and Guidelines. City Council may app,-ditioned space that exceeds this footprint ,)sed development is compatible with the harmony with the public interest. 9. Minimum floor heights: a. Minimum First Floor to Second Floor floor -to b. Minimum Upper Floor -to -ceiling height: N' c. Floor -to -Ceiling heights in upper floors s' of the first floor. 10. Minimum distance between buildings on the lot (i. a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 11. Public amenity pace: Pursuant to Section 26.575.030. City Council 0,, A 2012 Downtown Zoning Code An.zndments Page 6 of 8 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi family housing: No limitation. d. Lodging: .5:1, which may be increased to 2:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. e. Bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same -sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off units, this maximum shall apply to the largest possible combination of units. Commercial/residential ratio: The total residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. Section 3: 26.710.200(B)(1) — Commercial Lodge (CL), Permitted Uses, Uses allowed in basement and ground floors, shall be amended as follows: B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge (CL) Zone District: Uses allowed in basement and ground floors: Lodging uses, conference facilities, retail and restaurant uses, office uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, and child care center. Uses and facilities necessary and incidental to uses on Upper Floors. Parking shall not be allowed as the sole use of the ground floor. Automobile drive -through service is prohibited. Section 4: 26.575.020(F)(4)(e) — Measuring Building Heights, Allowed Exceptions to Height Limitations, Mechanical Equipment, shall be amended as follows: e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 7 of 8 placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co -located to the greatest extent practicable. On structures other than a single-family or duplex residential building or an accessory building, all mechanical equipment shall be set back from any Street facing fagade of the building a minimum of fifteen (15) feet. Section 5: 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 6: 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 7: 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 8• A public hearing on this ordinance shall be held on the 26`h day of November, 2012, 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 12th day of November, 2012. zAttes Kathryn S. ch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this 14th day of January, 2013. Attest: Kathryn S och, City Clerk Approved as to form: ity Attorney Michael C. Ireland, Mayor City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 8 of 8 004� . 2i5 A�t- �A Permits File Edit Record Navigate Form Reports Format Tab Help I, J lump 1 Main Custom Fields Routing Status Fee Summary 'Actions Routing History 6 o Permit type '�""' As -�n Land Use Permit 0011.2015 ASLU „I p Address 130 S GALB A Apt/Suite CITY HALL i o City JASPEN � State CO Zip 81611 0 o Permit Information x 0 Master permit Routing queue aslul6 Applied 0510412015 n X Project Status pending Approved Z 0 N Description APPLICATION FOR CODE AMENDMENT FOR CC AND C-1 ZONE DISTRICT LIMITS ON Issued FREE-MARKET RESIDENTIAL UNITS NO FEE Closed/Final Submitted COA Clock Running Days 0 Expires 04I2812016 Submitted via owner Last name CI Y HALL First name 801 CASTLE CRK ASPEN CO 81611 Phone t) Address Applicant Z Owner is applicant? F1 Contractor is applicant? Last name CITY HALL First name 801 CASTLE CRK ASPEN CO 81611 Phone O Cust # 12727 Address Email Lender Last name •.. 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