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HomeMy WebLinkAboutagenda.apz.20020903 AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, SEPTEMBER 3, 2002 4:30 PM COUNCIL CHAMBERS I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTEREST IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. INFILL LAND USE CODE AMENDMENTS, CHRIS BENDON · OVERVIEW/REVIEW SCHEDULE · OFFICE USES IN COMMERCIAL CORE V. WORK SESSION A. GMQS/DEMOLITION REGULATIONS (TIME PERMITTING) VI. BOARD REPORTS VII. ADJOURN a MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director FROM: Chris Bendon, Senior Long Range Planner' ' y RE: City of Aspen Infill Program — Public Hearing DATE: September 3, 2002 SUMMARY: The purpose of this meeting is to re -introduce the Infill Report, determine the schedule for reviewing proposed legislation to implement the report's findings, and to determine if the zoning of ground floor uses in the Commercial Core (CC) Zone District should be separated from the review of the entire infill program. If the decision is to separate the ground floor uses issue, the P&Z may forward a recommendation to the City Council. Staff will provide a presentation on the Infill Report, a copy of which is attached to this memorandum, and then review the proposed schedule for reviewing the draft legislation. The proposed legislation is still in staff review and will be available for the September 17`' meeting (packet issued on September 13th) PROPOSED REVIEW SCHEDULE: September 17" Commercial Zone Districts, Pedestrian Amenity, View Planes, Calculations and Measurements September 24t' Commercial Design Standards, Historic TDR Program, Parking October V GMQS, Subdivision, Engineering Department Regulations, Utility and Trash Service Area October 8" Residential Zone Districts, Alley Houses, Calculations and Measurements, Multi -Family Housing replacement. October. 151'' Consideration of entire program INFILL PROGRAM BACKGROUND: The City of Aspen's 2000 Aspen Area Community Plan included several action items directing staff to consider changes to the land use code to facilitate "Infill Development." These recommendations were based on concerns about "sprawl" 1 development, a desire to permit the natural rejuvenation of downtown, and creating a process in which private development could address community goals for affordable housing. In the Summer of 2000, City Council established the Infill Advisory Group (IAG) to aid staff in the comprehensive evaluation of Aspen's development regulations to determine what changes would be necessary to encourage this type of development. The IAG consisted of people with multiple backgrounds and interests from open space advocates, architects, historic preservationists, affordable housing advocates, business owners, real estate brokers, and representatives from the various city boards and commissions. City Council agreed to allow everything to be considered fair territory: zoning, exactions, process, etc. The project was approached with the concept that private sector development only occurs on projects that are financially feasible and, therefore, the restructuring of development regulations should be conscious of project economics. It was thought that ignoring basic economics could result in a meaningless plan with no private interests in implementing the vision. A simplified pro forma was used to ensure financial viability of various zoning scenarios. The IAG concluded their work and made their recommendation in January of 2002. The Infill Report, attached, summarizes their analysis and suggestions for Land Use Code amendments to facilitate infill development. GROUND FLOOR COMMERCIAL CORE USES: The concept of restricting certain uses to certain floors is not, a new zoning concept. In fact, Aspen's Commercial Core already uses this limitation, restricting residential uses to upper floors. The issue of prohibiting office uses on the ground floor within the Commercial Core was addressed by the IAG. They did not believe it to be an integral element of a successfiil infill strategy. Other individuals and groups, including the Planning and Zoning Commission, reviewing the Infill Report suggested the issue be addressed with the overall changes. Staff believes there should be a prohibition, or at least a limit, of office uses on the ground floor in the Commercial Core. A successful retail environment depends on a continuous pedestrian experience that engages the passerby. The existence of office use on the ground floor can disrupt this continuity and diminish the overall district. This could be accomplished through a range of options, depending on how aggressive the P&Z believes the City should approach these uses. Allowing a certain number of office uses is the most sensitive approach to curtailing the proliferation of these uses. The right to operate an office could actually be traded between businesses. This strategy would be new to Aspen, but has worked in other communities wanting to limit the proliferation of a certain type of use. 2 Outright prohibition of ground floor offices is the next approach and is the traditional approach to eliminating uses within a zone district. - In this case, existing offices would be grandfathered as "non -conforming" and not allowed to expand.- Upon discontinuance of the use, the non -conformity would be eliminated. The most aggressive approach includes prohibition plus an amortization period. (A time period in which businesses must vacate their use.) In this case, existing offices could continue only for the length of the amortization period. The courts require a "reasonable" time period but have not determined through case law any certain acceptable threshold. Staff recommends an amortization period of less than three years not be considered. A period of five would be an appropriate amortization period. Staff also recommends an extension provision be included, allowing the City to hear specific cases. A significant question revolves around banking and financial institutions. These uses currently fall within a general category of "business and professional offices" but don't necessarily detract from downtown. In fact, staff s intent with the infill regulations is to separate "service" (banking being service) uses from "office" uses in order to allow different treatment where appropriate. Staff recommends the issue of office uses on the ground floor not be separated from the entire infill' amendments and that no prohibition or amortization be implemented at this point. The success of Infill largely depends on the support of various affected parties and the proposal currently enjoys a broad base of support. In other words, affected parties totaling the "pluses" and "minuses" generally accept infill as an overall plus, allowing for items that may be discretely considered a minus. Separating individual items could polarize the current support and disrupt the concept of new regulations having to function as a system of interrelated parts working in cohesion. Removing an integral item (for example: floor area) from the mix could jeopardize the eventual cohesion of the overall -system. The issue of ground floor uses is also worthy of more discussion in relation to the entire Infill strategy. Other ground floor uses, such as service uses and neighborhood commercial uses, should be discussed along with the concept of office uses on the ground floor. Separation of this issue would negate these further discussions. City Council is anxious to receive a recommendation on this issue. Staff has suggested to Council that the P&Z should make this decision concerning separation of the topic from the remainder of the Infill legislation. Staff has also suggested that if the Infill legislation takes significantly longer for P&Z to review, the ground floor uses could be separated at a later date. 3 gut The P&Z should first consider whether this issue should be separated. If so, then the P&Z should consider the merits of prohibiting office uses on the ground floor and forward a recommendation to the City Council. Both decisions should take into consideration members of the public and affected parties, who will likely want to address the Commission. ATTACHMENTS: A — City of Aspen Inf ll Report B — Commercial Core (CC) Zone District existing text P11 RESOLUTION N0. (SERIES OF 2002) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO SECTION 26.710.140(B), COMMERCIAL CORE (CC) ZONE DISTRICT PERMITTED USES , PROHIBITING OFFICE USES ON THE GROUND FLOOR LEVEL OF BUILDINGS WITHIN THE CC ZONE DISTRICT. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Land Use Code related to the Infill Report, a report developed by a city -commissioned advisory group, the Infill Advisory Group, pursuant to sections 26.208 and 26.212; and, WHEREAS, the amendments requested relate to multiple sections of the Land Use Code including Section 26.710.140(B), Commercial Core (CC) Zone District Permitted Uses, of the land use code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, 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 Community Development 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, the Community Development Director recommended continuance of the proposed amendments such that a more thorough analysis of all elements and potential amendments contained in the Infill Report could be performed; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the Commercial Core Zone District on September 3, 2002, took and considered public testimony and the recommendation of the Community Development Director and recommended, by a to vote, City Council adopt the proposed amendments to the land use code by. amending the text of Section 26.710.140(B) of the land use code of the Aspen Municipal Code as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.710.140(B), Commercial Core (CC) Zone District Permitted Uses, which section describes the allowable land uses for lands within the CC Zone District by adding, denoted by add, language to subsection 2 as follows: Planning and Zoning Commission Resolution No. Series of 2002 Page 1 P12 2. Professional and business office, provided such use is not located on the ground floor level of the building. APPROVED by the Commission during a public hearing on September 3, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Planning and Zoning Commission Resolution No. , Series of 2002 Page 2 Jasmine Tygre, Chair P13 Exhibit Existing Commercial Core Zoning 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 and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in the central business core of the City. Hotel and principal long-term residential uses may be appropriate as conditional uses, while residential uses are- permitted or may be appropriate as conditional uses. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) zone district: 1. Medical and dental clinic; 2. Professional and business office; 3. Open use recreation site; 4. Recreation club; 5. Theater; 6. Assembly hall; 7. Church; 8. Public building for administration; 9. Restaurant, cabaret and night club, tea room; 10. Retail commercial establishment limited to the following and similar uses: Antique store, appliance store, art supply store, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette store, clothes store, computer sales store, florist shop, food market, furniture store, gift shop, hardware store, hobby shop, jewelry shop, job printing shop, key shop, liquor store, music store, office supply store, pet shop, paint and wallpaper store, photography shop, record store, shoe store, sporting goods store, stationery store, variety store, video sales and rental store; 11. Service commercial establishments limited to the following and similar uses: Catering service, financial institution, personal service including barber and beauty shop, custom sewing, dry cleaning pickup station, laundromat, ski repair and rental, shop -craft industry, tailoring and shoe repair shop, parking lot or parking garage, studio for instruction in the arts, radio or television broadcasting facility; P14 12. Rental, repair and wholesaling facilities in conjunction with any of the uses provided in Section 26.710.140.(B)(1) through (11), provided all such activity is clearly incidental and accessory to the permitted use and conducted within a building; 13. Storage of materials accessory to any of the uses provided in Section 26.710.140(B)(1) through (12), provided all such storage is located within a structure; 14. Residential dwelling units which are located above street level commercial uses, provided that the residential dwelling unit is restricted to six-month minimum leases; 15. Accessory dwelling units meeting the provisions of Section 26.520.040; 16. Detached residential dwellings designated as historic landmarks; 17. Newspaper publishing office; 18. Home occupations; 19. Accessory buildings and uses; and 20. Farmers Market provided a vending agreement is obtained in accordance with Section 15.04.350(B) of the Municipal Code. :�.. 1'imesiaare l,od, (pending adoption of Or li-na lce 21 — Tiniesha.r e) 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. Recreational and entertainment establishments limited to the following and similar uses: Business, fraternal or social club or hall; ice or roller skating rink; 2. Gasoline service station; 3. Hotel; 4. Newspaper and magazine printing; 5. Child care center; . (pending aclopt.ion of Ordinance 21. -- Timeshare) 7. Residential dwelling units which are located above street level commercial uses in historic landmarks and which are not restricted to six-month minimum leases; 8. For properties which contain a historic landmark; bed and breakfast; two detached residential dwellings or a duplex on a lot with a minimum area of 6,000 square feet; and P15 D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) zone district: 1. Minimum lot size (square feet): 3,000. . 2. Minimum lot area per dwelling unit (square feet): Multi -family: One bedroom per 1,000 square feet of lot area. 3. Allinimum 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 except trash/utility service area shall be required abutting alley. The dimensional requirement for the utility/trash service area shall be as follows, unless reduced pursuant to Chapter 26.430: a. Up to 6, 000 square feet of net leasable floor area within a building: an area a minimum of 20 feet in length, measured parallel to the alley, with a minimum vertical clearance of 10 feet and a minimum depth of 10 feet at ground level. b. Each additional 1,200 square feet of net leasable floor area within a building, the minimum length measured parallel to the alley shall be increased by 1 foot. 7. Maximum. height (feet): 40, not to exceed 4 stories above grade. 8. Minimum distance between buildings on the lot feet). 10 feet between two detached residential dwellings, no requirement between principal and accessory buildings. 9. Percent of open space required for building site: 25, may be reduced by special review pursuant to Chapter 26.430. 10. External floor area ratio (applies to conforming and nonconforming lots ,qf record).- For detached residential dwellings the external floor area ration shall be the same as in the R6 zone district. All uses other than detached residential dwellings: 1.5:1; however, the 1.5:1 external floor area ratio may be increased to 2:1 by special review pursuant to Chapter 26.430; however, if the external floor, area ratio is increased by special review pursuant to Chapter 26.430, then sixty (60) percent of the additional floor area must be approved for residential use restricted to affordable housing.