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HomeMy WebLinkAboutresolution.apz.026-98~ RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE -' SERVICE/COMMERCIAL/INDUSTRIAL (S/C/I) ZONE DISTRICT, SECTION 26.160 OF THE MUNICIPAL CODE Resolution #98 - ~q. (~ WHEREAS, the Planning and Zoning Commission has expressed concerns about [and uses, and potential land uses, in the Service/Commercial/Industrial (S/C/I) Zone District which may be in conflict with the spirit and intent of the zone district; and, WHEREAS, the Commuuity Development Department (staff) realized there could potentially be severaJ business and land owners affected by enforcement measures and suggested a thorough review of the S/C/I Zone District by the Commission be done first to allow City Council the opportunity to confirm or amend the zoning before considering the most appropriate enforcement procedure. WHEREAS, the Planning and Zoning Commission has the authority to initiate an amendment to the text of Tkle 26 of the Municipal Code, pursuant to Section 26.92, and staff brought forward an analysis of the S/C/I Zone district and suggested modifications to said zoning; and, WHEREAS, the Planning and Zoning Commission held a worksession on the topic October 21, 1997, opened the public hearing on November 18, 1997, continued to January 6, 1998, continued to January 20, 1998, continued to February 17, 1998, continued to March 10, 1998, and then continued to March 3t, 1998, to consider the existing zoning requirements for the S/C/I Zone District along with the recommended amendments brought forward by staff; and, WHEREAS, the above mentioned analysis and consideration of amendments was conducted through a process of evaluating the overall importance of the S/C/I Zone District's function within a traditional town setting and within the entire inventory of zoning classifications in Aspen, considering actual land uses within the zone district, evaluating the intent of the zone district through the "purpose" statement, amending said "purpose" statement to clarify and reflect the goals of the zone district, evaluating the permitted and conditional uses and dimensional requirements of the zone district, amending said uses and dimensional requirements of the zone district to support the "purpose" statement, and finally reviewing the proposed S/C/I Zone District amendments in summation before making a recommendation to the Council; and, WHEREAS, pursuant to Section 26.92, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, during a public hearing at a meeting on March 31, 1998, the Planning and Zoning'Commission recommended, by a 4 to 2 vote, the City Council approve the amendments to the Service/Commercial/Industrial Zone District as d~scribed herein. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to Section 26,92 of the Municipal Code, the Aspen Pla~'mg and Zoning Commission hereby recommends approval of this amendment to the Service/Commercial/Industrial Zone District, Section 26.160 of thc Municipal Code, as set forth in Section 2 below. Section 2: Recommended amendments to the Service/Commercial/Industrial (S/C/I) Zone District. Underline indicates language to be added. ~ indicates language to be removed. Plain font represents language to be unaltered. 26.28.160 Service/Commercial/Industrial (S/Cfi). A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which may not be appropriate in other zone districts: do not require or generate high customer traffic volumes: are primarily oriented to the manufacturing, repair, storage, and servicing of consumer goods: and have a limited office, showroom, retail, or customer service area: to permit artist's studios: and to permit customary accessory uses, including affordable residential dwelling units accessory, to permitted uses. B. Permitted uses. The following uses are permitted as of right in the Service/Commercial/Industrial (S/C/I) zone district. L Building materials, components, equipment, and auto parts, fabrication, sales, rental, repair, and servicing with up to 100% of the floor area devoted to office, showroom, retail, or customer service use. 2.Building maintenance facility_. 3_,_Automobile and motorcycle repair, servicing, and detailing. 4.Rental and repair of household appliances, equipment, and furniture. 5. Manufacture. repair, and servicing of electronics, computers, and telecommunications ~.quipment. ~ Manufacture. repair, and servicing of sporting goods. 7. Manufacture. repair, alteration, and tailoring of clothing and shoes. 8. Sewing supply. 9. T- e~e_' : ~dn'n. 1.0,_ Commercial bakery, catering service, or commercial kitchen 11._ Artist's Studio. 22~ Rehearsal or teaching studio for the creative, performing, and/or martial arts not generally receiving the public and with no public performances: ~Locksmith. 14~Post Office. 15._Animal grooming establishment. 16.Warehousing and storage. 17. Service Yard accessory, to a permitted use. ~.1_.~. Home occupations; ~d ~19. Accessory buildings and uses. All of these uses are permitted provided they do not create unusual traffic hazard, noise, dust. fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems: that no permitted uses primarily provide daily or frequently bought items to the general public: and any office, showroom, retail or customer service area is clearly accessory, to a permitted use unless otherwise established herein or approved by the Planning and Zoning Commission as a Conditional Use. C. Conditional Uses. The following uses are permitted as conditional uses in the Service/Commercial/Industrial (S/C/I) zone district, subject to the standards and procedures established in Chapter 26.60. 1. Full :c.wice gas station. 2. Automobile and motorcycle sales, rental, or washing facili .ty. 3. Sales and rental of electronics, computers, or telecommunications equipment. 4. Sales and rental of sporting goods. 5. Rental of clothing or shoes. 6. Consignment sales of second-hand clothing, sporting goods, or furniture with up to 100% of the floor area devoted to showroom, retail, or customer service area. & 7.Catalogue sales store; ...... ~r~r..~, ....... Photo processing laborato~ with no sbowroom~ retail, or customer service area. ~.9. Laundromat. 8. Above grc~n~ ~11~1 ....... +~1 ..... 10. Commercial dry_ cleaning and laundry. 11. Recycling center. 9,.J~. Veterinary clinic. 13. Animal boarding facility_. 14. Tattoo parlor. 15. Brewe.ry and brewing supply. 16. Coffee roasting and supply. 17. Office, showroom, retail, or customer service area which is not clearly accessory, to a permitted or conditional use: 18. Studio~ one (1) bedroom, or two (2) bedroom affordable residential dwelling unit(s) accessory_ to a penBitted use. meeting the current net minimum livable square f00tgge requireiTlents for newly deed restricted affordable housing units (as defined by the AspenfPitkin Comll[y Housing Authority_). located entirely above natural or finished grade, whichever is more restrictive, and entirely above any non-residential use within the structure, deed restricted to affordable housing guidelines for Categories 1.2. or 3: Ali of these conditional uses may be approved provided they do not create unusual traffic hazard. noise, dust. fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems: that no uses primarily provide daily or frequently bought items to the general public: and any office, showroom, retail, or customer service area m clearly accessory_ to a permitted or approved conditional use unless otherwise established herein or approved by the Planning and Zoning Commission as a Conditional Use. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service/Commercial/Industrial (S/C/I) zone district. Minimum lot size (square feet'l: 6.000 2. Minimum tot area per dwelling unit (square feet): Studio: 1,200 625 1 bedroom: 1,200 $77 2 bedroom: 2,000 1,125 3 bcdrcc~: 3,999 3. Minimum lot width (feet): No requirement 4. Minimum front yard (feet): 29 ~ .... ~, ^~ ...... 1: .... ~ ....;~, ~+~,~ r~m c~,.:~~~ 19 ~'~ al! ~,u^, s~ccts. No reouirement. 5. Minimum side yard (feet): No requirement. 6. Minimum rear yard (feet): No requirement. 7. Maximum height (feet): gg 35 8. Minimum distance between principal and accessory buildings (feet): No requirement 9. Percent of open space required for building site: Lz-5--No requirement. 10. External floor area ratio: 1:1 May be increased to 2:1 provided additional floor area is affordable housing use only. 11. Intemal floor area ratio: No requirement E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Service/Commercial/Industrial (SCI) zone district, subject to the provisions of Chapter 26132. ~..1. Residential uses: 1 _ ~, ..............Two (2) spaces/dwelling unit. One (1) space/dwelling unit is required if the unit is either a studio or one-bedroom unit. Fewer spaces may be provided pursuant to Chapter 26.60. ~.2. All other uses: 3 spaces/i,000 square feet of net leasable area unless otherwise established through Special Review pursuant to Chapter 25.64. Section 3: Pursuant to Section 26.92.050 of the Municipal Code, there shall be no building permit or business license, in conflict with the recommended language herein, granted for properties or businesses located in this zone district until the first of the following occurs: 1) City Council, by Ordinance, has passed this amendment, or similar amendment to the same zone district; 2) City Council has, by Resolution, refused to consider this amendment; 3) Six (6) months time has passed from the date of this Pla~ing and Zoning Resolution.