HomeMy WebLinkAboutordinance.council.028b-04ORDINANCE NO. 28b
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 2i~2710.150 _
COMMERCIAL (C-l) ZONE DIST~CTOF THE CITYOF 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 environment.
· 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 part 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 commz~nity and the resort aspects of Aspen.
· sustainability of the local social and economic conditions.
Ordinance No.28b,
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 Section of the Land
Use Code, Title 26 of the Aspen Municipal Code:
26.710.150 - Commercial (C- 1 ) Zone District; 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 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 Dev. elopment Director, the Planning and Zoning Commission, and has taken
and considered public comment m 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, COLORADO as follows:
Ordinance N~).28b,
Series of 2004. Page 2
Section 1:
Section 26.710.150, Commercial (C-I) Zone District, which section
development within the Commercial Zone District, shall read as follows:
regulates
26.710.150 Commercial (C-l).
,4. Purpose. The purpose of the Commercial (C-I) zone district is to provide for the
establishment of mixed-use buildings with commercial uses on the ground floor,
opportunities for affordable and free-market residential density, and to provide a
transition between the commercial core and surrounding residential neighborhoods.
B. Permitted uses. The following uses are permitted as of right in the Commercial
(C-l) zone district:
1. Uses allowed on Upper Floors: Lodging, Affordable Multi-Family Housing, Free-
Market Multi-Family Housing, home occupations.
2. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood
Commercial Uses, Service Uses, Office Uses, Arts, Cultural and Civic Uses,
Public Uses, Recreational Uses, Academic Uses, child care center, bed and
breakfast, accessory uses and structures, uses and building elements necessary and
incidental to uses on other floors including parking accessory to a permitted use,
storage accessory to a permitted use, farmers market provided a vending
agreement is obtained pursuant to Section 15.04.350(B). 'Parking shall not be
allowed as the sole use of the Ground Floor.
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial (C-l) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Lodging, Affordable Multi-Family Housing, Free-Market Multi-Family Housing,
or home occupations on the Ground Floor.
2. Commercial Parking Facility, pursuant to Section 26.515;
3. For historic landmark properties: Detached residential dwelling, two detached
residential dwellings, and duplex dwelling.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial (C-l) zone district:
1. Minimum lot size ('square feeO:
a. Detached residential dwelling, two detached residential dwellings, duplex
dwelling, and bed and breakfast: 3,000.
b. All other uses: No requirement.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling, two detached residential dwellings, duplex
dwelling, and bed and breakfast: Same as R6 zone district.
Ordnance No.28b,
Series of 2004. Page 3
b. All other uses: No requiremem.
3. Minimum lot width (feet):
a. Detached residential dwelling, two detached residential dwellings, duplex
dwelling, and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
4. Minimum front Fard setback (feeO:
a. Detached residential dwelling, two detached residential dwellings, duplex
dwelling, and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
5. Minimum side yard setback ([ket):
a. Detached residential dwelling, two detached residential dwellings, duplex
dwelling, and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
6. Minimum rear vard setback (feeO:
a. Detached residential dwelling, two detached residential dwellings, duplex
dwelling, and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement except trash/utility service area shall be
required abutting an alley, pursuant to Section 26.575:060.
7. Maximum height:
a. Detached residential dwelling, two detached residential dwellings, duplex
dwelling, and bed and breakfast: Same as R6 zone district.
b. All other uses: 38 feet for sloped roofs. For flat roofs, 42 feet.
8. Minimum distance between buildings on the lot (feet):
a. Detached residential dwelling, two detached residential dwellings, duplex
dwelling, and bed and breakfast: Same as R6 zone district.
b. All other uses: No requiremem.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of 3:l.
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:!.) Existing (prior to redevelopment)
commercial FAR may be replaced, subject to acknowledgement by the City
Zoning Officer prior to demolition.
Ordinance No.28b,
Series of 2004. Page 4
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 26.470.040B4. Review(s) may be required.
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.
e. Detached residential dwellings, Duplex dwellings, and bed and breakfast (as
the sole use of parcel and not cumulative with other uses): 80% of allowable
floor area of a same-sized lot located in the R6 zone district. (See R6 Zone
District.) Extinguishment of Historic TDRs shall not permit additional FAR
for single-family or duplex development.
Section 2:
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 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 4:
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 5:
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.
Ordinance No.28b,
Series of 2004. Page 5
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of AsPen on the 9th day of August, 2004.
Attest:
Kathryn
FINALLY, adopted, passed and approved this
Attest:
K~thryn S. ~/li, Cit~ler'k
/~1~ d~aay of~2004.
K Kla~derud, Mayor
Approved as to form:
C:\home\infill\Commercial\C 1 ord.doc
Ordinance No.28b,
Series of 2004. Page 6