HomeMy WebLinkAboutresolution.council.023-17 RESOLUTION NO. 23,
(SERIES OF 2017)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING CODE
AMENDMENTS TO ESTABLISH FORMULA BUSINESS REGULATIONS.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore code amendments related to the
creation of regulations for formula, or chain businesses; and,
WHEREAS,pursuant to Section 26.310.020(B)(1),Public Outreach to gain feedback from
the community on potential code changes was conducted through a series of individual meetings
with business owners, property owners, and interested community members, as well as through a
January 19, 2017 forum at the Aspen Institute; and,
WHEREAS, the Community Development Director recommended changes to the land use
code related to formula businesses; and,
WHEREAS, the City of Aspen is a unique, international community with historic roots
and attentive civic mindset; and,
WHEREAS, the City serves as a home to a diverse group of people that provide the
underpinnings of the community's unique character and the City's status as a destination resort;
and,
WHEREAS, over time, the Aspen downtown commercial core has undergone a transition
that has altered the City's community character, in particular, through the proliferation of high-
end "formula" retail establishments; and,
WHEREAS, the Aspen Area Community Plan identifies this concern, stating:
There is a concern that businesses providing basic necessities will be replaced with
businesses providing non-essential goods and services. High-profile locations in
the downtown have steadily converted from restaurants to retail spaces, some retail
spaces have transformed to offices, and high rents have resulted in a continuing
shift towards exclusivity. The character of our community is bolstered by a diverse
commercial mix. While we have taken some steps to increase retail diversity, we
• ' must pursue more aggressive measures to ensure the needs of the community are
met, and to preserve our unique community character.
See Aspen Area Community Plan, p. 20; and,
WHEREAS, to address this concern, the Aspen Area Community Plan adopts the
following policies as they relate to the Commercial Sector(emphasis added):
Formula Business Regulation Policy Resolution
Resolution 23, Series 2017
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V.I. Encourage a commercial mix that is balanced, diverse and vital and meets the
needs of year-round residents and visitors.
V.2. Facilitate the sustainability of essential businesses that provide basic
community needs.
V.3. Ensure that the City Land Use Code results in development that reflects our
architectural heritage in terms of site coverage, mass, scale, density and a diversity
of heights, in order to:
• Protect our small town community character and historical heritage.
See Aspen Area Community Plan, p. 26; and,
WHEREAS, the City Council finds that the proliferation of high-end "formula" retail
establishments in the downtown core undermines the goals and policies of the City of Aspen by:.
(i) eliminating commercial diversity meeting the needs of year-round residents; (ii) driving out
locally serving and essential business; and (iii) threatening the City's small town community
character; and,
WHEREAS, the City Council wishes to: (i) maintain the unique character of the
community and the appeal of its downtown core; (ii) protect the community's economic vitality
by ensuring a diversity of businesses with sufficient opportunities for independent entrepreneurs;
and (iii) foster businesses that serve a variety of needs, including those of year-round residents;
and,
WHEREAS, the City Council wishes to further the goals and policies of the Aspen Area
Community Plan and those stated herein by regulating "formula" retail and restaurant
establishments; and,
WHEREAS, many communities in the United States with unique character have similarly
regulated "formula" retail and restaurant establishments; and,
WHEREAS, by requiring formula retail and restaurant establishments undergo a
conditional use review process, the City will have a better opportunity to examine the impacts of
such establishments; 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.
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Resolution 23, Series 2017
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1: Code Amendment Objective
The objective of the proposed code amendments is to ensure new businesses contribute to the unique,
on-of-a-kind commercial mix Aspen has historically been known for, and well as encourage
continued vitality of the commercial uses,through the regulation of formula businesses.
Section 2: Proposed Code Changes
City Council provides the following direction regarding regulation of formula businesses:
A. A Conditional Use Review should be required for new formula businesses located in the
Commercial Core (CC), Commercial (C-1), and Main Street Historic District (MU) zone
districts.
B. Formula businesses should continue to be permitted by right in the Neighborhood
Commercial (NC), Service/Commercial/Industrial (SCI), and non-historic portions of the
mixed-use (MU) zone districts.
C. Zone districts that currently require a conditional use review for retail or restaurant uses,
including the Lodge(L)and Commercial Lodge(CL) should also require a conditional use
review.
D. Certain exemptions for existing buildings, buildings that have a valid development order,
buildings that have applied for a land use review that will result in a development order,
and minor remodels should be incorporated.
Section 3:
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 5:
If any section, subsection,sentence, clause,phrase,or portion of this resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate,distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
FIN L adopted th' 13"'day of February, 2017.
Steve kai ion, ayor
ATTEST: APPROVED AS TO FORM:
"A L4
Manning, y Clerl ,.,James R True,City Attorney
Formula Business Regulation Policy Resolution
Resolution 23, Series 2017
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