HomeMy WebLinkAboutordinance.council.012-05ORDINANCE NO. 12
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.170 -
NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT - OF THE CITY OF
ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen instructed 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 In fill 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 community and the resort aspects of Aspen.
· sustainability of the local social and economic conditions.
Ordinance No. 12, 1
Series of 2005
* 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:
26.710.170 - Neighborhood Commemial (NC) 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 heating. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WItEREAS, 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 and 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, COLORADO as follows:
Section 1:
Section 26.710.170, Neighborhood Commemial (NC) Zone District, which
section regulates development within the Neighborhood Commemial Zone
District, shall read as follows:
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Series of 2005
2
26.710.170 Neighborhood Commercial (NC).
A. Purpose. The purpose of the Neighborhood Commemial (NC) zone district is to
provide for the establishment of mixed-use buildings with commemial uses serving the
daily or frequent needs of the surrounding neighborhood, thereby reducing traffic
cimulation and parking problems, to provide 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 Neighborhood
Commercial (NC) 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).
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) 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;
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Neighborhood Commercial (NC) zone district:
1. Minimum lot size (square feet): No requirement.
2. Minimum lot area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5. Plus, a trash/utility service area shall be
required, pursuant to Section 26.575.060.
7. Maximum height: 32 feet.
8. Minimum distance between buildings on the lot (feet): No requirement.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
Ordinance No. 12, 3
Series of 2005
10. Floor Area Ratio (FAR):
The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of 1.5:1.
a) CommercialUses: 1:1.
b) Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses,
Academic Uses, child care center, and similar uses: 1:1.
c) Affordable Multi-Family Housing: .5:1.
d) Free-MarketMulti-FamilyHousing: .5:1.
Section 2:
This Ordinance 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
ordinances repealed or emended 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 14th day of March, 2005, 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.
[Signatures on following page]
Ordinance No. 12,
Series of 2005
4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14th day of February, 2005.
~ ~Attest:
FINALLY, adopted, passed and approved this 14~ day of March, 2005.
Approved as to form:
c ttor y' -
C:~home~infillkNC ZoneLNC Ordinance.doc
Ordinance No. 12, 5
Series of 2005