HomeMy WebLinkAboutordinance.council.028a-04ORDINANCE NO. 28a
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.104.100 -
DEFINITIONS AND SECTION 26.710.140 - COMMERCIAL CORE (CC) ZONE
DISTRICT OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Director of the Community Development Department to
propose amendments to the Land Use Code, part of the City of Aspen Municipal 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 purpose of the Infill Program is to implement action items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a
report commissioned by the City of Aspen in 2000), recommendations of the Infill Report
(a report produced by the Infill Advisory Group in January, 2002), and the
Recommendations of the Economic Sustainability Committee (a joint project between the
City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute
Community Forum concluded in September, 2002) that call for:
· intensification of land uses within the'traditional townsite.
· focusing of growth towards already developed areas and away from undeveloped
~ areas surrounding the city.
· retention of existing commercial and lodging uses.
· increased vitality of the downtown retail environmem.
· rejuvenation of aging commercial properties.
· development of mixed-use buildings with housing opportunities for locals.
· development of affordable housing in locations supported by the "Interim Aspen~,
Area Housing Plan Guidelines" (incorporated as pan of the 2000 AACP).
revisions to, or elimination of, identified barriers to successful infill development
such as the costs of development exactions, growth management penalties for
redeveloping buildings, and the length and uncertainty of approval processes.
· revisions to the strategy implementing growth management to emphasize quality
of development as opposed to just the quantity of development.
· elimination of development incentives for single-family and duplex development
'within commercial, mixed-use, and lodging zone districts.
· balance between the community and the resort aspects of Aspen.
· sustainability of the local social and economic conditions.
Ordinance No. 28a,
Series of 2004. Page 1
· The creation of a development environment in which private sector motivation is
leveraged to address community goals; and,
WHEREAS, the amendments herein relate to the following Sections of the Land
Use Code, Title 26 of the Aspen Municipal Code:
26.104.100 - Definitions page 3
26.710.140 - Commercial Core (CC) Zone District page 5
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 bv 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 approval of
the proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on
September 3, 2002, continued to September 17, 2002, continued to September 24, 2002,
continued to October 1, 2002, continued'to October 8, 2002, continued to October 15,
2002, continued to October 22, 2002, continued to October 29, 2002, continued to
November 5, 2002, continued to November 12, 2002, continued to November 19, 2002,~
continued to November 26, 2002, continued to December 10, 2002, and continued to
December 17, 2002, took and considered public testimony at each of the aforementioned
hearing dates and the recommendation of the Community Development Director and
recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments
to the land use code by amending the text of the above noted Chapters and Sections of the
Land Use Code; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 'OF
THE CITY OF ASPEN, COLORADOaS follows: ....
Ordinance No. 28a,
Series of 2004. Page 2
Section 1:
Section 26.104.100, Definitions, which section describes the meaning of. terms used in
the Land Use Code, shall include the additional following terms and definitions:
Retail and Restaurant Uses: Commercial establishments engaged in the selling
or renting of consumer goods and merchandi se and the preparation and serving of
food and drink to the general public. The sale or rental of products manufactured
or enhanced on-premises and the rendering of services incidental to the sale or
rental of such products shall be permitted. Retail and Restaurant Uses shall
include Restaurant, Nightclub and Bar, Food Market, Neighborhood Cafe, movie
theater, and the sale or rental of Motorcycles, Motor-driven cycles, and Motorized
bicycles as defined by section 42-1-102 C.R.S, non-motorized vehicles such as
bicycles, clothing, sporting equipment, jewelry, books, videos; prescriptions
drugs, liquor, hardware, furniture, and art, and similar uses and activities. Retail
and Restaurant uses shall not include Office Uses or Service Uses.
Neighborhood Commercial Uses: Commercial establishments engaged in the
selling or renting of consumer goods and merchandise to the general public and
the rendering of services incidental to the sale or rental of such products.
Neighborhood Commercial shall include Retail Uses (with the exception of
Restaurants and Nightclub and Bar), post office branch, Artist Studio,
Commercial Kitchen, Bakery, Food Market, Neighborhood Cafe, broadcasting
facility, movie theaters, and the sale or rental of Motorcycles, Motor-driven
cycles, and Motorized bicycles as defined by section 42-1-102 C.R.S, non-
motorized vehicles such as bicycles, clothing, sporting goods, jewelry, books,
videos, prescription drugs, liquor, hardware, furniture, and art, and similar uses
and activities.
Service Uses. Commercial establishments engaged in providing personal or
financial services to the general public including banking, dry cleaning,
laundromat, tailoring, mortuary, post office branch, shipping and receiving
services, personal or sporting equipment storage lockers, barber and beauty shop,
tattoo parlor, instructional or performing arts studio with no public performances,
health and fitness facility, spa, and similar activities.
Office Uses. A building, or portion thereof, used for the transaction of business,
professional, or medical services and activities including, without limitation,
realtors, timeshare sales, non-profit organizations, travel agents, advertising or
insurance agents, lawyers, physicians, dentists, architects, engineers, accountants,
other licensed professionals and property management companies or agents.
Arts, Cultural, and Civic Uses: The use of land or buildings by non-profit, arts,
cultural, religious~ or public organizations such as a church, fraternal club,
performing arts theater, museum, and other similar purposes.
Ordinance No. 28a,
Series of 2004. Page 3
Public Uses: The use of land or buildings by public or quasi-public organizations
for public use such as government administration and service, transportation
buildings and facilities, utility services and administration, public parking, post
office, fire station, police station, library, meeting hall, visitor center, hospital,
Essential Public Facilities, and other similar purposes.
Service Commercial Industrial Uses: The use of buildings or land for the
manufacture, repair and servicing of consumer goods, the provision of common
domestic services, and with limited retail, showroom, or customer reception areas.
(See Service/Commercial/Industrial Zone District, Section 26. 710.160%)
Bakery: Same as Commercial Kitchen.
Commercial Kitchen: A commercial establishment producing or wholesaling
prepared food items with no on-site consumption but which may have retail
dispensing with no seating or wait service.
Commercial Parking Facility: The use of a parcel or structure for the parking of
automobiles as a commercial venture, including both the rental and sale of
parking spaces. Public parking facilities owned by a public agency shall be
considered "public uses."
Restaurant: A commercial eating and drinking establishment where food is
prepared and served for consumption on or off premises, not subject to size or
seating capacity limitation and which may provide music or other performances
and entertainment incidental to the primary use.
Neighborhood Cafe: A commercial eating and drinking establishment where
food is prepared and served for consumption on or off premises, limited to no
more than 1,500 net leasable square feet and no limitation on outdoor seating and
which may provide music or other performances and entertainment incidental to
the primary use.
Nightclub and Bar: A commercial establishment engaged in the sale or
dispensing of liquor by the drink for on-site consumption in which the preparation
and serving of food may be available and where music, dancing or other
entertainment may be provided or conducted.
Split-Level Building: A structure, or portion thereof, with floor levels separated
from the adjacent sidewalk level by four or more feet of both horizontal and
vertical separation and which has a finished grade below the level of the sidewalk
in the area between the building and the sidewalk.
Basement Floor. See Subgrade Area.
Ordinance No. 28a,
Series of 2004. Page 4
Ground Floor. The Floor of a structure approximately the same elevation as the
natural grade of the surrounding area.
Upper Floors. The Floors of a structure located entirely abOve the Ground Floor
of the same structure.
Section 2:
Section 26.710.140, Commercial Core (CC) Zone District, which section regulates
development within the Commercial Core Zone District, shall read 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 housing, and free market housing 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.
2. Uses allowed on the Ground Floor: Retail and Restaurant Uses and uses and
building elements necessary and incidental to uses on other floors. Office Uses
are prohibited on the Ground Floor except within spaces set back a minimum of
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). Parking shall
not be allowed as the sole use of the Ground Floor.
3. Uses allowed on Upper Floors: Retail and Restaurant Uses, Office Uses,
Lodging, Timeshare Lodge, Affordable Multi-Family Housing, Free-Market
Multi-Family Housing, home occupations.
4. Uses allowed on all building levels: 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, farmers market provided a vending agreement is obtained pursuant
' to Section 15.04.350(B).
Ordinance No. 28a,
Series of 2004. Page 5
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Core (CC) zone district, subject to the standards and procedures e~tablished
in Chapter 26.425:
1. Gasoline service station.
2. Commercial Parking Facility, pursuant to Section 26.515.
to all
Dimensional requirements. The following dimensional requirements shall apply
permitted and conditional uses in the Commercial Core (CC) zone district:
1. Minimum lot size (square feet): No requirement.
2. Minimum lot area per dwelling unit (square feeO: No requirement.
3. Mimmum lot ~vidth (feet).'. No requirement.
4. Mimmum front pard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Mimmum rear yard setback (feet): No requirement except trash/utility service
area shall be required abutting an alley, pursuant to Section 26.575.060.
7. Maximum height (feet): 42 feet for all areas of the property. 46 feet for areas
setback 15 or more feet from lot lines adjoining a Street right-of-way.
Minimum distance between buildings on the lot (feet): No requirement.
Pedestrian Amenity Space: Pursuant to Section 26.575.030.
Floor Area Ratio (FAR): The following FAR schedule applies to uses
cumulatively up to a total maximum FAR of 3:1.
a. Commercial Uses: 1.5:1, which may be increased to 2:1 if affordable housing
equal to 60% of the additional commercial floor area is developed on the same
parcel. (For example: a project with a commercial FAR of 2:1 must also
include affordable housing FAR of .3:1.) Existing (prior to redevelopment)
commercial FAR may be replaced, subject to acknowledgement by the City
Zoning Officer prior to demolition.
b~, Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses,
Academic Uses, child care center, and similar uses: 3:1.
c. Affordable Multi-Family Housing: No limitation.
d. Free-Market Multi-Family Housing: 1:1. Free-Market residential FAR shall
be accompanied by affordable housing development or mitigation pursuant to
the requirements of Section 26.470.040.B.4. Existing (prior to
redevelopment) free-market residential FAR may be replaced, subject to
acknowledgement by the City Zoning Officer prior to demolition, with no
commensurate affordable housing requirement. Requirements of the Multi-
Family Housing Replacement Program, Section 26.530, may apply.
9.
10.
Ordinance No. 28a,
Series of 2004. Page 6
Section 3:
This Ordinance shall not effect 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 4:
If any section, sUbsection, sentence, clause, phrase, or portion of this Ordina~nce 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 5:
That the City Clerk is directed, upon the adoPtion of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and ReCOrder.
Section 6:
A public hearing on the Ordinance shall be held on the 13th day of September, 2004,
at 5:00 p.m. in the City Council Chambers, ASpen City Hall, Aspen Colorado, fifteen
(15) 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 pr°vided bY lawI by the city
Council of the City of Aspen on the 9th day of August, 2004.
Attest:
FINALLY, adopted,'passed and approved thin'ay of~}_~,"'"2004.
Attest:
Clerk ~-Ielet~ K.N~nd~rud, MaYor
Approved as to form:
t tto ey
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Ordinance No. 28a,
Series of 2004. Page 7