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HomeMy WebLinkAboutagenda.apz.19980908 TO: Mayor and City Council Planning and Zoning Commission THRU: Amy Margerum, City Manager FROM: Stan Clauson, Community Development Director Christopher Bendon, Planner • RE: S/C/I Zone District Joint Worksession DATE: September 8, 1998 SUMMARY: At first reading of the. Ordinance, City Council requested a joint worksession with the Planning and Zoning Commission to discuss the proposed S/C/I zone district code amendment. Council also requested additional information from planning staff which has been provided. Staff s goal for this meeting is to fully inform Council of the specifics of the recommendation from the Planning and Zoning Commission, its relevant changes from the existing zoning, the proposed method of implementation, and the businesses possibly affected. Council may wish to query staff and the Commission on specific provisions of the proposed zoning. Staff has prepared a summary of the changes and a more detailed analysis of several key issues. HISTORY AND PROCESS: The Service/Commercial/ Industrial (S/C/I) Zone District was created in 1971 to provide for certain light industrial and commercial trade land uses in town, and to discourage these businesses from migrating Downvalley. The Planning and Zoning Commission, concerned about the possible erosion of this zone district, instructed staff to investigate and strictly enforce the zoning regulations in this zone district. Upon identifying the number of businesses which may be affected by such strict enforcement, staff returned to the Commission to discuss the purpose and specific provisions of the S/C/I Zone District. Staff recommended that the Commission either reaffirm or amend the purpose of the district before taking any enforcement actions, and that those actions should be at the direction of City Council. At the Commission's direction, staff evaluated the S/C/I Zone District's purpose within the overall context of the town and identified possible opportunities for redefinition. These suggested amendments were first brought to the Planning and Zoning Commission in a worksession format in which the Commissioners were able to consider the staff analysis, and raise additional concerns and issues before having to make a formal recommendation to Council. Staff then scheduled and conducted public hearings for the Commission to consider the philosophy and specifics of the S/C/I Zone District. Six public hearings took place before the Commission made the final recommendation. During this process, the Commission considered the purpose of the zone district and reaffirmed its importance within the overall plan for the Aspen community. Important to the Commissioners was the `trickle down valley effect' of up -scaling land uses in the commercial areas. This trend increases auto usage and disrupts the town/resort balance. The discussion suggested that land uses generating high ground rents belong in other zone districts. Restaurants, retailers, offices, and other high -volume uses belong downtown in the CC, C 1, O, and possibly the NC and LTR districts. Residential land uses (as a primary use) belong in residential areas of town. Uses that are oriented more to the manufacturing and servicing of consumer goods with a limited amount of customer traffic and which may be inappropriate for a downtown location should be permitted in the S/C/I Zone District. After this philosophical debate, the Commission amended the zone district's purpose statement to reflect this spirit. This statement is important in that it allows future assignees the insight of the present decision makers in interpreting future uses. The resulting purpose statement is as follows: Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of consumer goods; and have a limited office, showroom, retail, or customer service area; to permit artist's studios; and, to permit customary accessory uses, including affordable residential dwelling units accessory to permitted uses. The Commission then considered the appropriate uses for the S/C/I Zone District. In doing so, the Commission considered current land uses as well as possible future uses .in the context of "permitted" or "conditional." Permitted uses should be those which do not require a review beyond a building permit and/or a business license. Conditional uses should be those which may have on- or off -site impacts or which may be incompatible with an adjacent use. Important in this discussion was the desire to allow affordable housing accessory to permitted uses to aid business owners in housing their employees. The Commission was in favor of encouraging an owner to `mitigate' on -site but did not want the residential uses to overcome the primary uses or be developed in a way incompatible with surrounding businesses. The Commission then discussed the appropriate dimensional requirements which would encourage the desired land uses. Generally, these proposed dimensions allow twice the amount of development provided the additional development potential be for the purpose of affordable housing. Also, these requirements loosen the envelope in which development may occur. In this discussion, the Commission considered the ways in which dimensions should be established and approved. Throughout this process, the Commission reviewed the philosophy and purpose statements to affirm a specific regulation's intent within the larger concept. Occasionally, this reflection resulted in a minor change to the purpose statement. Readily apparent during the series of public hearings with the Commission is that the S/C/I Zone District, as well as probably every other zone district in town, can never be all things to all people. It can, however, serve an important role in the context of all other zone districts in the preservation of the town/resort balance. PRIMARY STAKEHOLDERS: Staff has distributed a letter notifying business owners in the S/C/I Zone District of the worksession. The nature of the worksession, as opposed to a public hearing, was described and those citizens realize there may not be an opportunity to directly address the Boards. 2 ATTACHMENTS: Exhibit A -- Proposed Zoning Exhibit B -- Strike thr- / Underline Zoning Text Exhibit C -- Zoning Summary Exhibit E -- Definitions Exhibit F -- Housing Exhibit G -- Retail Exhibit H -- Architects Exhibit I -- Licenses Exhibit J -- Enforcement & Monitoring Exhibit K -- Square Footage Limitations Exhibit L -- Grandfathering 3 Proposed Text 26.28.160 Service/Commercial/Industrial (S/C/I). A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which 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: 1. 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 equipment. 6. Manufacture, repair, and servicing of sporting goods. 7. Manufacture, repair, alteration, and tailoring of clothing and shoes. 8. Sewing supply. 9. Typesetting and printing. 10. Commercial bakery, catering service, or commercial kitchen 11. Artist's Studio. 12. Rehearsal or teaching studio for the creative, performing, and/or martial arts not generally receiving the public and with no public performances; 13. Locksmith. 14. Post Office. 15. Animal grooming establishment. 16. Warehousing and storage. 17. Service Yard accessory to a permitted use. 18. Home occupations. 19. Accessory buildings and uses. All of these uses are permitted provided they do not create unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems; that no permitted uses principally provide daily or frequently bought items to the general public; and any office, showroom, retail, or customer service area, accumulative, is clearly accessory to a permitted use unless otherwise established herein or approved by the Planning and Zoning Commission as a Conditional Use. C. Conditional Uses. The following uses are permitted as conditional uses in the Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and procedures established in Chapter 26.60. 1. Gas station; 2. Automobile and motorcycle sales, rental, or washing facility. 3. Sales and rental of electronics, computers, or telecommunications equipment. 4. Sales and rental of sporting goods. 5. Rental of clothing or shoes. 6. Consignment sales of second-hand clothing, sporting goods, or furniture with up to 100% of the floor area devoted to showroom, retail, or customer service area. 7. Catalogue sales store. 8. Photo processing laboratory with no showroom, retail, or. customer service area. 9. Laundromat. 10. Commercial dry cleaning and laundry. 11. Recycling center. 12. Veterinary clinic. 13. Animal boarding facility. 14. Tattoo Parlor. 15. Brewery and brewing supply 16. Coffee roasting and supply. 17. Office, showroom, retail, or customer service area, accumulative, 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 permitted use, meeting the current net minimum livable square footage requirements for newly deed restricted affordable housing units (as defined by the Aspen/Pitkin County Housing Authority); located entirely above natural or finished grade, whichever is more restrictive, and entirely above any non-residential use within the structure, deed restricted to affordable housing guidelines for Categories 1,2, or 3; All of these conditional uses may be approved provided they do not create unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems; that no uses principally provide daily or frequently bought items to the general public; and any office, showroom, retail, or customer service area, accumulative, is clearly accessory to a permitted or approved conditional use unless otherwise established herein or approved by the Planning and Zoning Commission as a Conditional Use. D. Dimensional requirements. The following dimensional requirements shall apply. to all permitted and conditional uses in the Service/Commercial/Industrial (S/C/I) zone district. 1. Minimum lot size (square feet): 6,000 2. Minimum lot area per dwelling unit (square feet): Studio: 625 I bedroom: 875 2 bedroom: 1,125 3. Minimum lot width (feet): No requirement 4. Minimum front yard (feet): No requirement 5. Minimum side yard (feet): No requirement 6. Minimum rear yard (feet): No requirement 7. Maximum height (feet): 35 8. Minimum distance between principle and accessory buildings (feet): No requirement 9. Percent of open space required for building site: No requirement 10. External floor area ratio: 1: 1. May be increased to 2:1 provided additional floor area is affordable housing use only. 11. Internal floor area ratio: No requirement E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Service/Commercial/Industrial (S/C/I) zone district, subject to the provisions of Chapter 26.32. 1. Residential uses: Two (2) spaces/dwelling unit. One (1) space/dwelling unit is required if the unit is either a studio or one -bedroom unit. Fewer spaces may be provided pursuant to Chapter 26.60. 2. All other uses: 3 spaces/1,000 square feet of net leasable area unless otherwise established through special review pursuant to Chapter 25.64. UNDERLINE TEXT 26.28.160 Service/CommerciaUIndustrial (S/C/I). A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/1) zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which may not be appropriate in other zone districts: do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of consumer goods; and have a limited showroom, retail, or customer service area; to permit artist's studios* and to permit customary accessory uses, including affordable residential dwelling units accessory to permitted uses. B. Permitted uses. The following uses are permitted as of right in the Service/Commercial/Industrial (S/C/1) zone district. -. ..•.. . .. .. . ... .. - r •.. ..• ..- •. • .. .. •. • . .. .. . . . .. . . MI.• .• . •. IW .- •• - .WN • . . . - ... ■ .. r M. Mr.3f.. M . . . • .. .. . ma- .. . . - . - .. - . . . . MT. . - .. . . - . - . .. .. - .. • r . - • . . - . • .. - . - PI . . rMyr. . ■ . . . • . . . 1. Building materials, components, and equipment, fabrication sales rental, repair, and servicing with up to 100% of the floor area devoted to showroom, retail, or customer service use. 2. Building maintenance facility. 3. Automobile and motorcycle repair, servicing, and detailing. Old and New zoning page 1 4. Rental and repair of household appliances, equipment, and furniture. 5. Manufacture repair, and servicing of electronics, computers, and telecommunications equipment. 6. Manufacture, repair* and servicing of sporting goods. 7. Manufacture, repair, alteration} and tailoring of clothing and shoes. 8. Sewing supply. 9. Typesetting and printing 10 Commercial bakery, catering service, or commercial kitchen 11. Artist's Studio. 12 Rehearsal or teaching studio for the creative, performing, and/or martial arts not generally receiving the public and with no public performances; 13. Locksmith. 14. Post Office. 15 Animal grooming establishment. 16. Warehousing and storage. 17 Service Yard accessory to a permitted use. 3 18. Home occupations; and 4.19. 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 showroom, retail, or customer service area is clearly accessory to a permitted use and constitutes no more than twenty (20) percent of the gross floor area of the business unless otherwise established herein or approved by the Planning and Zoning Commission. C. Conditional Uses. The following uses are permitted as conditional uses in the Service/Commercial/ Industrial (S/C/1) zone district, subject to the standards and procedures established in Chapter 26.60. 1. F ll-servi gas station. 2 Automobile and motorcycle sales, rental, or washing facility. 3 Sales and rental of electronics, computers, or telecommunications equipment. Old and New zoning page 2 4. Sales and rental of sporting goods. 5. Rental of clothing or shoes. 6. Consignment sales of second-hand clothing, sporting goods, or furniture with up to 100% of the floor area devoted to showroom retail or customer service area 2. lDaRv a s�rv- r , 5. Gata!Gg a sales steFe. r 7. PhGtGgFaphy studiG;-Photo processing laboratory with no showroom, retail, or customer service area. 6:8. Laundromat. 9. Commercial dry cleaning and laundry 10. Recycling center. 1911.Veterinary clinic. 12. Animal boarding facility. 13. Tattoo Parlor. 14. Brewery and brewing supply. 15. Coffee roasting and supply. 16. Showroom, retail, or customer service area which constitutes more than twenty (20) percent of business' gross floor area. 17. Studio, one (1) bedroom, or two (2) bedroom affordable residential dwelling. unit(s) accessory to a permitted use. meetina the current net minimum livable square footage requirements for newly deed restricted affordable housing units (as defined by the Aspen/Pitkin County Housing Authority, located entirely above natural or finished grade, whichever is more restrictive, and entirely above anv non-residential use within the structure. deed restricted to affordable housina uidelines for Categories 1.2. or 3; All of these conditional uses may be approved provided they do not create unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems; that no uses primarily provide dais or frequently bought items Old and New zoning page 3 to the general public; and any showroom retail, or customer service area is clearly accessory to a permitted or approved conditional use and constitutes no more than twenty (20) percent of the business' gross floor area unless otherwise established herein or approved by the Planning and Zoning Commission. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service/Commercial/Industrial (S/C/1) zone district. 1. Minimum lot size (square feet): 6,000 2. Minimum lot area per dwelling unit (square feet): - •• • .� • O -- • - ��� •. ��� 0 _ - -- •- . •LAA •. square foot requirements apply-. Studio: 1,000 625 1 bedroom: 1,209 875 2 bedroom: 2,000 1,125 Q . - ?r - --• - - -- Or - •. • O• . •• 0 - • • ��� 0 - -- .- O . •. 0 - -- Stu 1)000 , 250 2 herlrnn �40 r 3. Minimum lot width (feet): No requirement 4. Minimum front yard (feet): 20 from right nf_way lines of arterial streets (Mill & Spring), IQ #em all etheF . No requirement. 5. Minimum side yard (feet): No requirement. Old and New zoning page 4 6. Minimum rear yard (feet): No requirement. 7. Maximum height (feet): 32 35 8. Minimum distance between principal and accessory buildings (feet): No requirement 9. Percent of open space required for building site: 2-5--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. Internal floor area ratio: No requirement E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Service/Commercial/Industrial (SCI) zone district, subject to the provisions of Chapter 26.32. FowuiFed if the t R*t iS her a no bedrnnm unit, 2-1. Residential uses: m- 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 maybe provided pursuant to Chapter 26.60. 2. All other uses: 3 spaces/1,000 square feet of net leasable area unless otherwise established through special review pursuant to Chapter 25.64. 3. All other uses: 3 spaces/1,000 square feet of net leasable area unless otherwise established through special review pursuant to Chapter 25.64. Old and New zoning page 5 SUMMARY OF USES AND DIMENSIONS 3.31.98 Uses Existing Zoning Proposed Zoning Building materials, components, and equipment fabrication, sales, rental, repair, and servicing with up to 100% of the floor area devoted to retail or customer service use. P P Building Maintenance Facility P ***** P Household appliance, equipment, & furniture rental and repair P P Electronics, Computers, and Telecommunication Equipment manufacturing P P Computer sales - ***** C rental - C repair, servicing P P Autos and Motorcycles sales P C rental - C repair, servicing, detailing P ***** P washing facility P C Sporting goods manufacturing, repair, and servicing P P sales and rental - C Clothing and Shoes manufacturing, repair, alteration, and tailoring - P rental - C Animals: Grooming - P Veterinary clinic C C Animal Boarding - C Sewing Supply - P Typesetting and Printing P P Photo Processing Laboratory with no retail or customer service area - C Commercial bakery, catering service, commercial kitchen P P Artist's Studio P P Tattoo Parlor - C Architect Studio P ***** - Consignment sales of second-hand clothing, sporting goods, or furniture with up to 100% of the floor area devoted to retail or customer service area. C Brewery & Brewing Supply - C Coffee Roasting & Coffee Roasting Supply - C Zoning Summary page 1 Rehearsal or Teaching studio for creative, C **** C performing and/or martial arts not genrally recieving the public and with no public performances (dance studio, martial arts studio) Locksmith - P Post Office - P Warehousing and Storage P P Service Yard - P Accessory Buildings and Uses P P Gas Station C C Laundromat C C Commercial Dry Cleaning and Laundry P C Recycling Center - C Home Occupations P P Dwelling unit accessory to an artist studio P - Affordable dwelling unit accessory to any permitted P use Free-market dwelling unit accessory to any permitted C use other than artist studio Studio, one (1) bedroom, or two (2) bedroom - C affordable residential dwelling unit(s) accessory to a permitted use, meeting the current net minimum livable square footage requirements for newly deed restricted affordable housing units (as defined by the Aspen/Pitkin County Housing Authority), located entirely above natural or finished grade, whichever is more restrictive, and entirely above any non- residential use within the structure, deed restricted to affordable housing guidelines for Categories 1,2, or 3; DIMENSION EXISTING ZONING PROPOSED ZONING Minimum lot Size 67000 s.f. 6,000 s.f. ***** Lot area per dwelling unit: 6,000 - 9,000 s.f. lots Studio 1000 One bedroom 1200 Two bedroom 2000 Three bedroom 3000 over three bedroom 1000 per bedroom Lot area per dwelling unit for 9,000+ s.f. lots Studio 1000 One bedroom 1250 Two bedroom 2100 Three bedroom 3630 over three bedroom one bedroom plus 1000 s.f. of lot area --Lot area per dwelling unit Zoning Summary page 2 Studio 625 One bedroom 875 two bedroom 1125 Minimum lot width no requirement no requirement Minimum front yard 20' from arterial no requirement streets (Mill and Spring), 10' from all other streets Minimum side yard no requirement no requirement Minimum rear yard no requirement no requirement Maximum height 32 feet 35 feet Minimum distance between principal and no requirement no requirement accessory buildings Percent Open Space 25% no requirement External Floor Area Ratio (FAR) 1:1 1:1. May be increased to 2:1 provided all additional floor area is for residential uses only Internal FAR no requirement no requirement Off -Street parking required Residential 1 space per 1 space per bedroom bedroom or two or two per unit. May per unit. May be lowered through lower for ADUs Conditional Use only All other uses 3 per 1000 s.f. net 1.5 per 1000 s.f. net leasable leasable unless otherwise established through Special Review P = Permitted Use C = Conditional Use ***** Represents items needing further discussion or staff explanation Zoning Summary page 3 PROPOSED DEFINITIONS These definitions are scheduled for a public hearing at the Planning and Zoning Commission on October 6. Architect Studio: A workshop primarily devoted to the design of buildings. Veterinary Clinic: A facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, and prevention of animal diseases wherein the overnight care is prohibited except when necessary for medical purposes. Animal Boarding Facility: An establishment which houses animals overnight or over an extended period of time. Animal Grooming: An establishment principally engaged in grooming animals in which overnight boarding is prohibited. Recycling Center: A building or facility used for the collection and/or preparation of recyclable material for efficient shipment. Brewery: A facility for the production and packaging of alcoholic malt beverages for distribution which does not generally receive the public or engage in retail sales. Coffee Roasting Facility: A facility for the processing and packaging of coffee beans for distribution which does not generally receive the public or engage in retail sales. EXISTING DEFINITIONS Artist's Studio: is a workshop of a painter, sculptor, potter, weaver, carver, photographer, or other, similar art that requires artistic skill, and not generally receiving the public, related to personal adornment, or engaging in retail sales. Tattoo Parlor: is a business establishment principally engaged in the business of creating indelible marks or figures fixed upon the body by insertion of pigment under the skin or by production of scars for pay. Shop Craft Industry: means any establishment producing one -of -a -kind products which are handmade or made with limited mechanical assistance. This includes but is not limited to cloth and basket weaving, pottery making, glass blowing, and ceramics. Accessory use or accessory structure means a use or structure that is naturally and normally incidental to, subordinate to, and devoted primarily to the principal use or structure of the premises; does not change the basic character of the premises, as determined by its principal use or structure; is subordinate in area, extent and purpose to the principal use or structure served; contributes to the comfort, convenience or necessity of occupants of the principal use or structure served; and is located on the same lot or contiguous lots under the same ownership as the principal use or structure. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the zone district in which the principal use is located and in no event shall an accessory use or structure be established prior to the principal use or structure to which it is accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. Home occupation means a business, occupation or trade conducted entirely within a residential building or accessory structure for gain or support by a resident of the dwelling, and no other, which: A. Is clearly incidental and secondary to the residential use of the building; B. Does not change the essential residential character of the use; C. Employs no more than one person who is a nonresident of the building; D. Operates pursuant to a valid occupational license for the use held by the resident of the dwelling unit; E. Is confined to no more than fifty (50) percent of the total floor area of the main level floor of the dwelling; F. Does not advertise, display, or otherwise indicate the presence of the home occupation on the premises other than as provided in Chapter 26.36; G. Does not sell any stock in trade, supplies or products on the premises; H. Is not visible from any other residential structure; I. Does not store outside of the dwelling any equipment or materials used in the home occupation; J. Does not utilize mechanical, electrical or other equipment or items which produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building or accessory structure; K. Provides off-street parking to accommodate the needs of the home occupation; and, L. Does not include any of the following uses as a home occupation: antique shop, barber shop, beauty parlor, health or medical clinic, mortuary, nursing home, restaurant, veterinarian's clinic or dancing studio. AFFORDABLE HOUSING The existing zoning allows for housing in three scenarios. Free market dwellings ancillary to an Artist's Studio are a permitted use. Dwellings ancillary to any other use require conditional use approval unless they are deed restricted to affordable housing in which case they are a permitted use. In any case, housing must obtain an allotment through growth management. A change -in -use allows for existing space to be converted to free-market housing without significant review. Planning staff felt the provision of housing in the S/C/I Zone should compliment those uses in which the community has tried to preserve. Because the market for housing is so lucrative, free-market housing may challenge conventional SCI uses and may encourage artistic interpreations of an artist. The proposed zoning doubles the allowable FAR by an additional 1:1 for the purpose of providing affordable housing accessory to any use. The Planning Commission suggested Conditional Use review to ensure any housing developed in the S/C/I Zone is compatible with surounding uses. This is an important requirement given the types of uses allowed in the zone. The provision allows for studio, one -bedroom, and two bedrooms unit with the following language: Studio, one (1) bedroom, or two (2) bedroom affordable residential dwelling unit(s) accessory to a permitted use,. meeting the current net minimum livable square footage requirements for newly deed restricted affordable housing units (as defined by the Aspen/Pitkin County Housing Authority), located entirely above natural or finished grade, whichever is more restrictive, and entirely above any non-residential use within the structure, deed restricted to affordable housing guidelines for Categories 1,2, or 3; In combination with gentrified rents, the challenge of attracting and retaining quality employees certainly contributes to the trickle down valley syndrome of many Aspen businesses, not,only those in the S/C/I. Zoning should do two things. It should prohibit incongruent land uses patterns and should require impacts to be mitigated. It should also, however, promote good land use patterns and reinforce community goals. Allowing the dimensional capabilities for a property owner to provide employee housing on -site not only allows the owner to fulfill a community -wide goal but may more importantly allows the owner to fulfill business goals of securing quality employees. The density restrictions (lot area requirements) allow a developer to provide for 100% of employees generated on -site, based on the employment generation figures used by the Housing Authority. This allows a property owner to exceed the 60% community goal, but does not allow the housing to become the primary use of the land. The excess housing FAR, if a developer mitigates for less than 100%, may not be used for additional S/C/I business uses. Extremely important to this affordable housing provision is the ability of a property/business owner to either rent the units to his own employees or to select the first sale occupant. With the Categories being suggested, there is little value other than the business advantage of securing housing for employees. In other words, property/business owners may not build affordable housing if it cannot directly benefit their associated SCI business. The 1998 housing guidelines provide for the following: Maximum Incomes by Category ($ per year) Category 1 Category 2 Category 3 0 Dependent 1 Dependent 2 Dependent 2500 391765 64,877 32,500 47,265 721377 40,000 54,765 795877 Net Livable Square Footage Studio One Bedroom Two Bedroom Category 1 Category 2 Category 3 400 400 500 600 600 700 850 850 950 Maximum Rental Rates ($ per Month) Category 1 Category 2 Category 3 Studio One Bedroom Two Bedroom Maximum Sales Prices Studio One Bedroom Two Bedroom 349 620 925 429 728 1,033 510 836 1,142 Category 1 Category 2 Category 3 29,000 6600 109,600 365400 78,300 12000 43,800 89,700 132,200 RETAIL The existing zoning generally does not allow for retail uses. There are a few specific exceptions. Those are: Vehicle Sales Appliance and Equipment rental Computer Product Sales and services Builder's Supply Lumberyards Telecommunications supply Catalogue Sales Store (conditional) Laundromat (conditional) Other than these above noted uses, the Accessory Use definition does not allow for retail. Accessory use or accessory structure means a use or structure that is naturally and normally incidental to, subordinate to, and devoted primarily to. the principal use or structure of the premises; does not change the basic character of the premises, as determined by its principal use or structure; is subordinate in area, extent and purpose to the principal use or structure served; contributes to the comfort, convenience or necessity of occupants of the principal use or structure served; and is located on the same lot or contiguous lots under the same ownership as the principal use or structure. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the zone district in which the principal use is located and in no event shall an accessory use or structure be established prior to the principal use or structure towhich it is accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. The Planning Department felt that some level of retail use may be compatible and complimentary to many of the uses existing and proposed in the SCI Zone. Any retail use should, however, be held to a minimum to prevent it from taking over the use it supports. And, this should include any customer service area. The easiest way to do this is by square footage as a percentage of the business' overall gross. For example a repair shop may also sell parts/kits for the `do-it-yourselfer.' An animal grooming shop may also sell shampoo, brushes, etc. The Planning Department had suggested 20% as a reasonable, and maybe more than reasonable, proportion of allowed supportive retail and customer service area to a principal use. With one exception -- builder's supply. This exception would be in the same spirit as the existing zoning and would be appropriate for the manner in which this use typically functions. The Planning and Zoning Commission recommended the customer service area, office, and retail space, cumulative, not exceed 50% of the square footage, with the same noted exception for builder's supply. In addition, a business owner could apply for conditional use approval to go above this 50% number. Both of these provisions are much more flexible than the current zoning and could represent an upscaling of the zone district. Council should also note that a conditional use approval to exceed the 50% rule could allow traditional offices and retail establishments. APrW1T;= _TS The existing zoning does not allow for professional offices of any kind, and has never provided for this use. In the mid- 1980's the zone district was amended to allow for Artist Studios with accessory living units. This was an initiative brought forward by a group of citizens and was accepted by Council after the Planning and Zoning Commission recommended against it. Subsequently, in 1989, Harry Teague, Architect, converted a space in the Andrews McFarlin Building to an architectural office without a building permit after the Planning Department informed him the use was not allowed in the zone district. Mr. Teague applied for a code interpretation for the "Artist Studio" definition in which Alan Richman, Planning Director, found the architectural office more consistent with the Professional Office definition provided below. Office, Professional means a building for use by those such as physicians, dentists, lawyers, architects, engineers, accountants and other professionals who primarily provide services rather than products. Mr. Teague then appealed this finding to the City Council who found his practice (specifically) not fitting the typical office definition because the applicant's practice included hands-on assembly of building components (models) and the construction of furniture. The Council did, however, state that the determination was not intended to set a precedent for other, more traditional architectural offices to locate in the SCI Zone District. The Planning Department was then faced with the task of weighing the artistic merit of each architect who applied for a business licensee in the zone. Upon the advice of the City Attorney, the Planning Department accepted all business licenses for architectural offices in the SCI Zone. In a 1994 letter to Scott Lindenau, Architect, Kim Johnson, City Planner, clarified the Artist Studio provision as follows: "Several years ago, the Aspen City Council made a specific determination that architects are artists for purposes of this code section because of their typical activities which include model building, rendering, and sketching. This interpretation cannot be applied to other related professions such as engineers, planners, or realtors." This particular use has gone full -circle in the discussion at the Planning and Zoning Commission. Concerns ranged from the precedent of allowing any professional offices in this zone, to the size and number of such uses, to the number of employees of an architectural office, to the free-market provision driving the desire for such a use, to the impacts upon the original uses the zone was meant to protect. The Commission also expressed concerns over the appeal process for use determinations going directly to Council. The use was included, stricken, replaced as a Conditional Use, again stricken, and then allowed in its present form -- as an artist studio with the burden upon the Zoning Officer to determine the applicant's artistic merit. (Throughout this discussion, the ancillary residential use was replaced by the broader provision of affordable housing accessory to any use.) The Planning Department finds this recommendation unclear and in need of Council's direction. Architecture offices should be either clearly allowed, clearly disallowed, or allowed with certain special provisions, which could apply to all businesses in the zone. These provisions may include the size of an individual architecture office and/or the total square footage of offices allowed in the zone district. . From a land use perspective, the City Planning Department believes professional offices are inappropriate for the SCI Zone District. The Neighborhood Commercial, Office, Commercial, and Commercial Core .Zone Districts are more appropriate for professional offices. However, these uses are located in the SCI for a reason. The direction from Council in 1989 gave certain acceptance of architectural offices in the S/C/I Zone. Secondly, architectural offices, as well as most design professions, utilize space less efficiently than do professional offices for lawyers, dentists, etc., and typically try to find the lowest lease rate spaces available. These uses are finding it very difficult to compete with retail uses in the Commercial Core and residential uses in the Office and Commercial Zones. Limiting the size of a business and limiting the total square footage for each sector of business in this zone may be an effective way of preserving the zone as a business incubator. Allowing smaller design firms to remain in the area but not to the point of becoming a dominating factor in the zone district The use square footage limitations lowest threshold is 3,000 square feet. Architectural and design related offices in the zone range from approximately 650 to approximately 3,400 square feet. The zone contains approximately 7.6 acres or 334,000 square feet of land, not counting streets. Subtracting the Post Office parcel, the S/C/I Zone contains approximately 152,662 square feet (3.5 ac.) of private land which could be developed at a 1:1 ratio. The existing architectural offices occupy approximately 12,000 square feet (estimated by Scott Lindenau) or less than 8% of the zone's buildout capacity. If the Council were interested in applying a saturation factor to the S/C/I zone, it is suggested that all types of businesses in the zone would need to be regulated for equal protection. Therefore, it might be possible to limit architectural and other design studios to 9,000 s.f. individually, and limit the total presence of any land use type to 10% of the existing floor area in the district. BUSINESS LICENSES Each business within the City of Aspen must posses a current business license which is updated each January. The initial issuance of the license is the only time a business has a zoning review. There are approximately 2000 businesses in the City, of .which approximately 1300 have a physical location which would have been initially reviewed by the Zoning Officer. The current process for obtaining a business license is as follows. An application for any new business is routed through the Zoning Officer. However, this process does not include change of location, change of ownership, and change in the business' name. Owners are merely asked to update their changes. Businesses generally, for liability reasons, typically apply for a new license if there is a change in ownership. Although, this system has seemed to work well in most areas of town, it does not serve our current issues with respect to relocation to inappropriate zone districts. At a minimum, change in location and/or a change in the type of operation should require a zoning review and staff is changing that policy. Renewals of the same business at the same location are not routed through the Zoning Officer. The problem with this process is that it does not track the changing profile of a business. Many of the businesses in the SCI which are not in compliance with the zoning have current business licenses which were issued when the business was conforming. One solution may be to require a zoning review of all renewals. The difficulty of this, however, is that there are over 2,000 businesses in the City of Aspen. Checking each of these every year may require additional staffing and most businesses do not change from year to year. The next solution may be to. query the applicant for changes in the business and route all changes through zoning. This requires some faith in the businesses reporting their type of activity correctly but could be very effective if a physical check is included as a possibility. Another solution may be to require all businesses in the SCI to be reviewed by the Zoning Officer on a yearly basis. This could be tied to either license renewal or to a yearly monitoring report to the Planning and Zoning Commission. ENFORCEMENT AND MONITORING The catalyst of this entire discussion has been enforcement. Staff realized the number of businesses that would be effected by enforcement of the existing zoning would be great and could involve a review of the appropriateness of the zoning with Council. Staff has provided Council with a proposed set of revisions to the zoning as well as a proposed process for enforcement. Any existing land use will fall into one of the following six categories. Permitted Conditional Not Permitted Legally Not Legally Established Established 1 4 2 5 3 6 1. Consistent use with existing zoning and becoming or remaining a permitted use. 2. Consistent use with existing zoning and becoming or remaining a conditional use. 3.. Consistent use with existing zoning which becomes a use not permitted. 4. Inconsistent use with existing zoning and becoming or remaining a permitted use. 5. Inconsistent use with existing zoning and becoming or remaining a conditional use 6. Inconsistent use with. existing zoning which becomes a use not permitted. Whether a use is legally established is determined by whether or not it is an allowed use in the current zoning. Any case, any business without a current license should be required to obtain a license. Staff has proposed a policy to address each of these situations in the proposed Ordinance as described below. This has been, quite obviously, a very sensitive issue for everyone affected; proponents and opponents. These are meant to be a benchmark for the Council. to initiate discussion. 1. Each use lawfully established prior to the adoption of this Ordinance which remains or becomes a permitted use shall be unaffected. 2. Each use lawfully established prior to adoption of this Ordinance which remains or becomes a conditional use with the Ordinance shall be required to seek conditional use approval from the Planning and Zoning Commission only upon expansion or otherwise substantial change in the nature of the use. 3. Each use lawfully established prior to the adoption of this Ordinance which is deleted as a permitted or conditional use by this, or a previous, ordinance shall become or remain a legal non -conforming use and may continue until such time the use is vacated or otherwise abandoned. Non -conforming uses may not be transferred to another location unless it is a permitted use in that zone district, may not be expanded, and may not increase in intensity. A non -conforming use may continue under different ownership as long as the use remains the same. 4. Each use not lawfully established prior to the adoption of this Ordinance which becomes a permitted use shall obtain a business license within one (1) year of the adoption of this Ordinance. 5. Each use not lawfully established prior to the adoption of this Ordinance which becomes a conditional use shall apply for and obtain conditional use approval from the Planning and Zoning Commission and a business license within one (1) year of the adoption of this Ordinance. 6. Each use not lawfully established prior to the adoption of this Ordinance which remains or becomes an unlawful use shall vacate said use or otherwise amend said use to a permitted or conditional use and shall obtain all necessary approvals and licenses within three (3) years of the adoption of this Ordinance. * * * All businesses shall obtain a license, if one has not already been obtained, regardless of status. Following is a list of the businesses located in the S/C/1 Zone District and their possible status based on the Commission's recommendation. City Council should be aware that this list was generated from a site survey and may not include businesses not readily apparent form the exterior of the building. Businesses listed with more than one possible status are subject to the way in which Council directs staff to solidify the zoning. Category Business Address Use 5 Martrix Marketing and Design 601 East Bleeker Street Offices 1 Glass Co 601 East Bleeker Street Building Components 5 H&R Block 601 East Bleeker Street Offices 1 Al's Window Cleaning 601 East Bleeker Street Cleaning service 1,5 Alternative Interiors 601 East Bleeker Street Building supplies? might be offices 5 Dalby Wendland CPA 601 East Bleeker Street Offices 4,5 Schmueser Gordon Meyer 601 East Bleeker Street Offices 5 Netzer and Associates 601 East Bleeker Street Offices 6 Bleeker Street Gym 615 East Bleeker Street Athletic club 1 Brooks Printing 615 East Bleeker Street printing 3 Residence 615 East Bleeker Street Residence 3 Residence 600 East Bleeker Street Residence 1 O'Brien Graphics 618 East Bleeker Street Printing 1 Aspen Excavation 620 East Bleeker Street Building equip., storage, service yard 1 Auto Tec 627 Rio Grande Place Auto repair 2 Rock Mtn. Karate 623 Rio Grande Place Martial arts instruction 1 Hayles Gallery Picture Framing 611 Rio Grande Place Picture Framing (production)', photo studio 1 Main Street Printing 530 Rio Grande Place Printing 1 Power Shade 617 Rio Grande Place Building components 1 Best Friends Pet Grooming 615 Rio Grande Place Pet grooming 1,5 The Aspen Branch 615 Rio Grande Place Florist? Artist Studio? with possible retail? 1 Coates Reid and Waldron 525 Rio Grande Place Property management 1 Summit Paint and Carpet 516 Rio Grande Place Building supplies 1 Ski Service Center 609 Rio Grande Place Sports Equip repair 1 Bicycle Service Center 609 Rio Grande Place Sports Equip repair 1 Board Werks 609 Rio Grande Place Sports Equip repair 1 Aspen Electric 508 Rio Grande Place Repair shop 1 The Welding Company 605 Rio Grande Place Building components 112 Harry Teague Architects 412 North Mill Street Office 3 Living Arts Studio 410 North Mill Street Art Studio/residence 3 Janus Jazz Aspen 410 North Mill Street Art Studio/residence 112 Reid Architects 412 North Mill Street Office 1,2 Willis Pember Architects 412 North Mill Street Office 6 Sushi Ya Go Go 414 North Mill Street Restaurant 5 The Lighting Studio 414 North Mill Street Retail? 1 Aspen Repair 414 North Mill Street Vacuum Repair 1,2 River Studio Architects 414 North Mill Street Office 172 Sharon Wells Graphic Design 412 North Mill Street Office 1,2 Kim Raymond Design 412 North Mill Street Office ? Digitool Corporation 414 North Mill Street ? 112 Al Beyer Architects 410 North Mill Street Office 1,2 Don Erdeman Architects 414 North Mill Street Office 1,2 Studio B Architects 555 North Mill Street Office 5 Aspen Mountain Air 557 North Mill Street Office 1 Wright Telephone Systems 557 North Mill Street Office 5 Dickerson Real Estate 557 North Mill Street Office 1 Barking Beauties 465 North Mill Street Pet grooming 1 Downtown Detail 465 North Mill Street Auto detailing 112 Klein Architects 465 North Mill Street Office 5 Mammoth Arts 465 North Mill Street Tattoo Parlor 2 Ski Photo 465 North Mill Street Photo Processing 1 Aspen Times 465 North Mill Street Printing 2 Rare Exchange 465 North Mill Street Furniture Repair, Consignment 5 SOS Staff Services 465 North Mill Street Temp. employment service 5 Splash Home Furnishings 465 North Mill Street Retail furniture 5 Alp Video 465 North Mill Street Video Rental 2 Use it Again 465 North Mill Street Consignment retail 1 Aspen Tile and Bath 465 North Mill Street Building components 2 Sunshine Laundry 465 North Mill Street Laundry 5 Aspen Velo 465 North Mill Street Retail Bikes and Snowboards The relatively low number of "type 6" is due to the conditional use provision of allowing more than 50% of a business to be designated for office, retail, etc. These businesses then classify as "type 5." The City Council may request this zone district be more closely monitored. This is certainly a desire of the Commission. Council may wish to have staff prepare a yearly report on the status of the zone district for the benefit of the Planning and Zoning Commission's review. This would be in addition to staff s normal zoning functions but could be accommodated with existing staff. USE SQUARE FOOTAGE LIMITATIONS Within the Commercial Core (CC), Commercial (C-1), and Service/Commercial/Industrial (S/C/1) zone districts, all permitted and conditional commercial business shall be restricted to the following maximum net leasable commercial and office space. A. 3,000 square feet. The following and similar uses shall be limited to three thousand (3,000) square feet in net leasable commercial and office space: Antique shop; art supply; bakery; bookstore; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry cleaning; pickup station; barber and beauty shop; small appliance store; art gallery; decorator shop; seamstress; laundromat; tailor; shoe repair shop; radio and TV broadcasting stations; rental, repair and wholesaling, provided they are accessory uses; electrical and plumbing service shops; automobile washing facility; pharmacies; art studio; and catering service. B. 6,000 square feet. The following and similar uses shall be limited to six thousand (6,000) square feet in net leasable commercial and office space: Drugstore (including pharmacy); equipment rental, storage and repair; shop craft industry; fabrication and repair and building materials; sporting goods store; variety shop; professional offices; and major appliance stores. C. 9,000 square feet. The following and similar uses shall be limited to nine thousand (9,000) square feet in net leasable commercial and office space: Service station and restaurant. D. 12,000 square feet. The following and similar uses shall be limited to twelve thousand (12,000) square feet in net leasable commercial and office space: Vehicle sales; builder supply yard; limber yard; dry cleaning plant and laundry; manufacture and repair of sporting goods; printing and publishing plant; furniture store; carpet and floor covering store; financial institutions; and food market. E. 20,000 square feet. The following and similar uses shall be limited to twenty thousand (20,000) square feet in net leasable commercial and office space: Warehousing and storage. F. Retail sales areas. All of the square footage limitations on use shall not restrict the square footage of the total retail sales areas in these zone districts, or any buildings occupied by any combination of more than one of the above uses; provided, however, that any business enumerated above, of the same type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land under the same ownership, shall be considered one business and together restricted to the maximum net leasable commercial and office space provided in this section. GRANDFATHERING Existing uses which are non -conforming, and any use which becomes non -conforming with this Ordinance, may be protected as a legal non-confomity. This assumes the use was legal when established and allows the use to continue, but not expand or relocate. Staff is suggesting City Counicl specifically state the disposition of existing and new non - conformities with the `Compliance Method' section of the Ordinance, even if this method is the same as the land use code provisions. In this proposed method, only businesses falling into type 6 would be required to vacate, and are allowed three years to do so. These are businesses which could now be required to vacate because they are not in compliance with the current zoning. City Council does have the authority to create a policy specific to this zone and may be interested in doing so as a "clean-up" measure. In this scenario, Council may wish to apply a sunset to new non -conformities with the new zoning. In the alternative, Counicl may wish to limit the additional flexibility allowed in the new zoning. In other words, turn fewer existing non -conformities into allowed uses.