HomeMy WebLinkAboutordinance.council.022-05ORDINANCE NO. 22
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.160 -
SERVICE/COMMERCIAL/INDUSTRIAL (SC1) 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 lnfill 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 commercialproperties.
· 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. 22,
Series of 2005. 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:
26.710.160 - Service/Commercial/Industrial (SCI) 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 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 Ama Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary tbr
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:
Scction 26.710.160, Service/Commercial/Industrial (SCI) Zone District, which
section regulates uses and development within the Service/Commercial/Industrial
Zone District, shall read as follows:
Ordinance No. 22,
Series of 2005. Page 2
26.710.160 Service/Commercial Industrial (SC1).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district
is to preserve and enhance locally-serving, primarily non-retail small business areas to
ensure a more balanced permanent community; to protect the few remaining such small
business parks historically used primarily for light industrial uses, manufacturing, repair,
storage and servicing of consumer goods, with limited retail, showroom, or customer
reception areas. The SCI zone district contains uses that may not be appropriate in other
zone districts or do not require or generate high customer traffic volumes, and permits
customary accessory uses.
B. Permitted Uses. The ibllowing uses are permitted as of right in the
Service/Commercial/Industrial (S/C/I) zone district. Except as noted below, each of the
permitted uses may have, in combination, no more than twenty-five (25) percent of the
floor area devoted to retail sales, offices, showroom, or customer reception, and such uses
shall be ancillary to the primary commercial use. This floor area percentage may be
increased through Special Review by the Planning and Zoning Commission, pursuant to
Section 26.430, and according to the standards of Section 26.710.160(E).
SCI Uses which may use up to 100% of the floor area for retail sales, offices, showroom,
or customer reception:
1. Manufacturing, repair, servicing, detailing, sales, and rental of consumer goods such
as:
a) Building materials, components, hardware, fixtures, and equipment.
b) Household appliances such as ranges, refrigerators, dishwashers, etc.
c) Automobiles and motorcycles, including parts.
d) Fabric and sewing supply.
SCI Uses which may use, in combination, up to 25% of the floor area for accessory retail
sales, offices, showroom, or customer reception:
1. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such
as: Electronic equipment; floral arrangements; furniture; clothing; or sporting
goods.
2. Building/landscape maintenance facility.
3. Typesetting and printing, including copy center.
4. Photo processing laboratory.
5. Locksmith.
6. Post Office branch.
7. Shipping and receiving services.
8. Automobile washing facility.
9. Catalogue sales store.
10. Laundromat.
11. Commercial dry cleaning.
12. Rccycling center.
13. Artist studio.
Ordinance No. 22,
Series of 2005. Page 3
14. Rehearsal or teaching studio for the creative, performing, or martial arts with no
public performances. This shall permit a yogadpilates studio but prohibit Medical
Clinics and fitness clubs.
15. Veterinary clinic.
16. Animal boarding facility.
17. Animal grooming establishment.
18. Brewery and brewing supply.
19. Coffee roasting and supply.
20. Commercial Kitchen or Bakery.
21. Warehousing and storage.
22. Service yard accessory to a permitted use.
23. Sales and rental accessory and incidental to a permitted use.
24. Accessory buildings and uses.
Non-SCI Uses permitted: 1. Design Studio such that the total net leasable square footage devoted to such use
within the entire zone district does not exceed 9,000 square feet.
2. Home occupations.
C. Conditional uses. The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and
procedures established in Chapter 26.425. The Commission shall establish the
appropriate amount of floor area devoted to retail sales, office, showroom, or customer
reception for each conditional use during the review. 1. Consignment retail establishment.
2. Commercial Parking Facility, pursuant to Section 26.515.
3. Gasoline service station.
4. Affordable Multi-Family Housing on Upper Floors.
5. Free-Market Multi-Family Housing on Upper Floors.
6. Artist's Studio with ancillary residence on Upper Floors.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Service/Commercial/Industrial (S/C/I) zone
district:
1.
2.
3.
4.
5.
6.
7.
Minimum lot size (square feeO: 3,000
Minimum lot area per dwelling unit (square feeD: No requirement.
Minimum lot width (feel): No requirement.
Minimum ~onl ~;ard setback (feeD: No requirement.
Minimum side yard setback (feeO: No requirement.
Minimum rear yard setback (feeD: No requirement.
Maximum height: 35 feet, which may be increased to 40 feet through one
of the following options:
Ordinance No. 22,
Series of 2005. Page 4
a) An additional 5 feet of total height may be approved, pursuant to
Special Review, Section 26.430 and according to the standards of
Section 26.710.160(E), if a minimum of .75:1 Floor Area Ratio of
SCI uses exists on the same parcel. (Also, see Floor Area Ratio
below.)
b) An additional 5 feet of total height may be approved, pursuant to
Special Review, Section 26.430 and according to the standards of
Section 26.710.160(E), to increase first floor ceiling height.
8. Minimum distance between buildings on the lot (feet): No Requirement.
9. Pedestrian Amenitv 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 2:1.
a) CommercialUses 1.5:1.
b) Affordable Multi-Family Housing: .5:1.
c) Free-Market Multi-FamilyHousing: .5:l, only ifa minimum of.75:l FAR
of commercial uses exist on the same parcel.
E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430, and shall
be approved, approved with conditions, or denied based on conformance with the
following criteria:
1. To increase the allowable height the applicant shall demonstrate the need for
additional height, the appropriateness of the additional height and massing
considering the context in which the building will be developed, and shall
demonstrate consistency with the purpose of the SCI Zone District. Five (5) feet of
additional height may be approved as an incentive to either develop a minimum of
.75:1 FAR of SC1 business space or to increase the usable floor-to-ceiling height of
the ground floor. The height increase shall not be used to accommodate additional
ceiling height for residential uses. Only one five-foot height increase may be
approved, even if both development options are taken.
2. To increase the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for such additional space and shall demonstrate consistency with the
purpose of the SCI Zone District. The approved additional percentage for a specific
use shall be limited to that use and not applicable to subsequent uses in the same
space.
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
Ordinance No. 22,
Series of 2005. Page 5
ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Section 3:
lfany 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 25th day of April, 2005, at
5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen
(15) days prior to which heating a public notice o£the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 28th day of March, 2005.
Attest:
Kathryn'S. ~t/h~ ~ty-Clerk
FINALLY, adopted, passed and approved this 9th day of May, 2005.
Attest:
Kathryn S. ~h~ C~ Clerk
Approved as to form:
C:\home\infill\SCI Zone\SC1 ordinance.doc
Ordinance No. 22,
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