HomeMy WebLinkAboutcoa.lu.ca.Commercial Core.0024-05
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City of Aspen Community Development Dept.
CASE NUMBER
0024.2005.ASLU
PARCEL 10 NUMBER 9999-99-9-99-999
PROJECT ADDRESS 0 ZERO
PLANNER
CHRIS
BENDON
CASE DESCRIPTION CODE AMENDMENT, COMMERCIAL CORE AND COMMERCIAL I
REPRESENTATIVE CHRIS BENDON 429-2765
DATE OF FINAL ACTION 4/4/2005
CLOSED BY Denise Driscoll
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ORDINANCE NO. 283
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AS~N,
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.
o
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 ofland uses within the traditional townsite.
. focusing of growth towards already developed areas and away from undeveloped
o areas surrounding the ci ty.
. 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 MCP). .
. 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 I
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. 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 anlend 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 I, 2002, continued to October 8, 2002, continued to October 15,
2002, continued to October 22, 2002, continued to October 29, 2002, continued tq.
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
Conununity 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, COLORADO as follows:
Ordinance No. 28a,
Series of 2004. Page 2
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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 ~he selling
or renting of consumer goods and merchandise 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
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Public Uses: The use of land or buildings by public or quasi-public organizations
for public use such as govemment administration and service, transportation
buildings and facilities, utility services and administration, public pal'king, 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 I ,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 ofliquor 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
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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 fayade. 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
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C. COllditiollal uses. The following uses are permitted as conditional uses in the
Commercial Core (CC) zone district, subject to the standards and procedures established
in Chapter 26.425:
I. Gasoline service station.
2. Commercial Parking Facility, pursuant to Section 26.515.
"
D. Dimellsiollal requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial Core (CC) zone district:
1. Minimum lot size (sQuare feet!: No requirement.
2. A{inimum lot area oer dwellinp: unit (sQuare feet!: No requirement.
3. Minimum lot width (feet!: No requirement.
4. Minimum front vard setback (feet!: No requirement.
5. Minimum side vard setback (feet!: No requirement.
6. Minimum rear vard setback (feet!: No requirement except trash/utility service
area shall be required abutting an alley, pursuant to Section 26.575.060.
7. Maximum heip:ht (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.
8. Minimum distance between buildinrzs on the lot (feet!: No requirement.
9. Pedestrian Amenitv Soace: 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: 1.
a. Commercial Uses: 1.5:1, which may be increased to 2:1 if affordable housing
equal to 60% ofthe 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: I: 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.
Ordinance No. 28a,
Series of2004. Page 6
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Section 3:
TillS 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 anlended 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 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 5:
That the City Clerk is directed, upon the adoption of tillS Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on tile 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 provided by law, by the City
Council of the City of Aspen on the 9th day of August, 2004.
Attest:
FINALLY, adopted, passed and approved thi~~ OfSep-, 2004.
Attest:
Approved as to form:
~~~a~
?-e. Attorney
C: \home\infill\Commercial\CC _ ord.doc
Ordinance No. 28a,
Series of 2004. Page 7
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ORDINANCE NO. 28b
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AS~EN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.150-
COMMERCIAL (C-l) 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 Chanlber 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 wldeveloped
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.28b,
Series of 2004. Page I
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. 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-I) 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, 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:
Ordinance No.28b,
Series of 2004, Page 2
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Section 1:
Section 26.710.150, Commercial (C-I) Zone District, which section regulates
development within the Commercial Zone District, shall read as follows:
26.710.150 Commercial (C-l).
"
A. 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-I) 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 pennitted 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-I) zone district, subject to the standards and procedures established in
Chapter 26.425:
I. 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. TIle following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial (C-I) zone district:
1. Minimum lot size (sQuare feet!:
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 oer dwellini! unit (sQuare feet!:
a. Detached residential dwelling, two detached residential dwellings, duplex
dwelling, and bed and breakfast: Same as R6 zone district.
Ordinance No.28b,
Series of 2004. Page 3
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b. All other uses: No requirement.
3. Minimum lot width (feet!:
a. Detached residential dwelling, two detached residential
dwelling, and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
4. Minimum front vard setback (feet!:
a. Detached residential dwelling, two detached residential
dwelling, and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
5. Minimum side vard setback (feet!:
a. Detached residential dwelling, two detached residential
dwelling, and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
6. Minimum rear vard setback (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 except trash/utility service area shall be
required abutting an alley, pursuant to Section 26.575.060.
dwellings, duplex
"
dwellings, duplex
dwellings, duplex
7. Maximum heii!ht:
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 buildini!s 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 requirement.
9. Pedestrian Amenitv Svace: 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 of3:1.
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.
Ordinance No.28b,
Series of 2004. Page 4
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b. Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses,
Academic Uses, child care center, and similar uses: 3: I.
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:
Ifany 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
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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:
FINALLY, adopted, passed and approved this IJ~y Of~ 2004.
Attest:
4!~#j~
Approved as to form:
~//!//~
C:\horne\infilllCommercial\Cl_ ord.doc
Ordinance No.28b,
Series of 2004. Page 6
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MEMORANDUM
Mayor Klanderud and Aspen City Council
John Worcester, City Attorney /
Julie Ann Woods, Community Development Director1
Chris Bendon, Senior Long Range Planner ~
Commercial Core and Commercial 1 Zone District Amendments
Ordinance No. 29a, Series of 2004 - Commercial Core
Ordinance No. 29b, Series of 2004 - Commercial 1
TO:
THRU:
FROM:
RE:
DATE:
Angast 9, 288-'1 ~.j- ("2,.
SUMMARY:
The proposed ordinance was split upon first reading. Ordinance 29a addresses the
Commercial Core (CC) Zone District and includes the recommendation to eliminate
offices on the ground floor of CC buildings as a permitted use. Ordinance 29b
addresses the Commercial I (CI) Zone District
Ordinance 29a - CC District
The CC zone district is the ,immediate
downtown and is also a historic
district. The ordinance amends the
district consistent with City Council
direction during work sessions on this
zone. This ordinance amends both the
dimensions discussed and the issue of
ground floor offices.
The CC zone height is proposed at 42
feet, an increase by 2 feet. This is to
be measured at the highest point of a
roof and encourages flat roofs.
During work sessions, Council
expressed interest in permitting slight ,..
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Uses in this zone have been defined with the zone district language referring to these
new definitions. This significantly cleans-up the existing code that describes each use
slightly different for each zone.
The Planning and Zoning Commission debated the inclusion of "sale and rental of
vehicles" as a Retail use vis-it-vis the Commercial Core. The P&Z was split, with
more members favoring scooter rentals but not necessarily auto sales. Council should
weigh-in on this point.
Office uses have been described as prohibited on the Ground Floor within the CC
zone. Exempted from this prohibition are spaces set back a minimum of 40 feet from
the adjacent street right-of-way and split level buildings that have both a vertical and
horizontal separation from the sidewalk - the archetypal split level building design.
Staff supports both the proposed dimensions and the proposed restriction on ground
floor office use. Staff recommends adoption of Ordinance No. 29a, Series of
2004.
Suggestion from Planning Staff:
There is likely to be different opinions expressed on the proposed dimensions verses
the proposed ground floor use issue. The hearing process should allow those in favor
or against, including council members and the public, to weigh-in on the two issues of
dimensional changes and ground floor uses independently.
In order to accommodate various opinions on the ground floor issue and the
dimensional aspects of the Ordinance, staff recommends Council first consider
Ordinance 29a. without the section regarding ground floor use. This would result in
an ordinance addressing dimensions, heights, FAR, and uses on all floors other than
the ground floor. Council could secondlv consider amending Ordinance 29a bv
including the previously removed text.
The specific text is subparagraph B.2 of Section 2 and is highlighted in the attached
ordinance.
Ordinance 29b - Cl District
The C 1 lies to the east of downtown except for one parcel, which lies to the west of
downtown.
The C I zone is proposed to have two heights - 38 feet for sloped roofs, measured at a
midpoint, and 42 feet for flat roofs measured at the highest point. This will encourage
both flat and pitched roofs in this transition zone and is the same approach being
pursued for the Lodge zone.
2
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During work sessions, Council expressed interest in permitting slight increases in
height within this zone to accommodate rooflines interior to a project to extend above
the 42-foot height limit without deviating from the flat-roof measurement point. Staff
has proposed the ability to extend 4 feet above the height limit with a IS-foot setback
from streets. This would permit a slight height increase not visible from the sidewalk
level.
Uses in each zone have been defined with the zone district language referring to these
new definitions. This significantly cleans-up the existing code that describes each use
slightly different in each zone.
Council generally supported permitting single-family and duplex development in the
C I zone with a reduction in the FAR schedule for these uses. Staff is recommending
this use only be permitted on historic landmark properties. Staff believes the integrity
of the City's most-intense commercial districts needs to be maintained for
commercial and mixed-use purposes. The existing code only permits single-family
and duplex uses on historically designated properties and no new non-conforming
uses would be created.
Staff recommends adoption of Ordinance No. 29b, Series of 2004.
CITY MANAGER'S COMMENTS:
~:.~;-1;~ f.~:~p~u ~.o.-o
RECOMMENDED MOTIONS:
"I move to approve Ordinance No. 29a, Series of2004."
"I move to approve Ordinance No. 29b, Series of2004."
ALTERNATE MOTIONS FORCC ZONE-29A:
"I move to approve Ordinance No. 29a, Series of2004, minus the text of Section 2,
subparagraph B.2."
"I move to amend Ordinance No. 29a, Series of 2004, by including the text of Section
2, subparagraph B.2."
ATTACHMENTS:
3
A - Staff Comments
B - Council Work Session Summary
"
,
4
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ORDINANCE NO. 29a
(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 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 ofthe 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. 29a,
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 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 I, 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 prornotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Ordinance No. 29a,
Series of 2004. Page 2
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Section I:
Section 26.1 04.1 00, 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 merchandise 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 s~eo,l'etltafd~~~bic$~~s, 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 MilIket, :t'lei~hborhood Cafe, broadcasting
facility, movie theaters, and the Sat~',(!~;,~#ti!.jjJjj!:ifj[;\i~lji~!~~, 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.
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
Ordinance No. 29a,
Series of 2004. Page 3
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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.
Ground Floor. The Floor of a structure approximately the same elevation as the
natural grade of the surrounding area.
Ordinance No. 29a,
Series of 2004. Page 4
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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 (Ce).
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.
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).
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Core (CC) zone district, subject to the standards and procedures established
in Chapter 26.425:
I. Gasoline service station.
2. Commercial Parking Facility, pursuant to Section 26.515.
Ordinance No. 29a,
Series of 2004. Page 5
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D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial Core (CC) zone district:
1. Minimum lot size (sQuare (eet): No requirement.
2. Minimum lot area oer dwellini!. unit (sQuare (eet): No requirement.
3. Minimum lot width ((eet): No requirement.
4. Minimum front vard setback ((eet): No requirement.
5. Minimum side vard setback ((eet): No requirement.
6. Minimum rear vard setback ((eet): No requirement except trash/utility service
area shall be required abutting an alley, pursuant to Section 26.575.060.
7. Maximum heii!.ht ((eet!: 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.
8. Minimum distance between buildini!.s on the lot (feet): No requirement.
9. Pedestrian Amenitv Soace: 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: 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: I: 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.
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.
Ordinance No. 29a,
Series of 2004. Page 6
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Section 4:
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 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 provided by law, by the City
Council of the City of Aspen on the 9th day of August, 2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
C:lhomelinfill\CommerciallCC _ ord _ 29a.doc
Ordinance No. 29a,
Series of 2004. Page 7
~'.
ORDINANCE NO. 29b
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.150-
COMMERCIAL (C-I) 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 ofland 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.29b,
Series of 2004. Page I
..-
,~"""....
'. .."
. 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-l) 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 I, 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, COLORADO as follows:
Ordinance No.29b,
Series of 2004. Page 2
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Section 1:
Section 26.710.150, Commercial (C-I) Zone District, which section regulates
development within the Commercial Zone District, shall read as follows:
26.710.150 Commercial (C-l).
A. 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-I) zone district:
I. 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, 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-I) 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, duplex dwelling, and bed and breakfasts.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial (C-I) zone district:
I. Minimum lot size (sQuare feet!:
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 ver dwellini! unit (sQuare feet!:
a. Detached residential dwelling, two detached residential dwellings, duplex
dwelling, and bed and breakfast: Same as R6 zone district.
Ordinance No.29b,
Series of 2004. Page 3
b. All other uses: No requirement.
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 yard setback (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.
5. Minimum side vard setback (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.
6. Minimum rear vard setback (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 except trash/utility service area shall be
required abutting an alley, pursuant to Section 26.575.060.
7. Maximum hei!!ht:
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 for all areas of
the property and 46 feet for areas setback 15 or more feet from lot lines
adjoining a Street right-of-way.
8. Minimum distance between buildin!!s 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 requirement.
9. Pedestrian Amenitv Svace: 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 of3:1.
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)
Ordinance No.29b,
Series of 2004. Page 4
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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 shaH
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 dweHings, Duplex dweHings, and bed and breakfast (as
the sole use of parcel and not cumulative with other uses): SO% of allowable
floor area of a same-sized lot located in the R6 zone district. (See R6 Zone
District.) Extinguishment of Historic TDRs shaH not permit additional FAR
for single-family or duplex development.
(
Section 2:
This Ordinance shaH 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 shaH 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.29b,
Series of2004. Page 5
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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 S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
C:\homelinfill\CommercialIC 1_ ord _ 29b.doc
Ordinance No.29b,
Series of 2004. Page 6
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Exhibit A
cc & Cl Amendments
STAFF COMMENTS: Text Amendment
Section 26.310.040, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The proposed code amendments are to encourage the development of higher intensity
development in areas that can support such intensity with existing infrastructure. This
promotes a general planning goal of maximizing the efficiency of existing public
infrastructure and also providing development intensity in areas where automobile use
can be minimized. No aspect of the proposed code amendment is in cont1ict with other
portions of the Municipal Code.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the CC & CI zones are supported by the AACP. There
are many references to providing commercial and mixed-use redevelopment opportunities
within the townsite and within walking distance of daily needs. These code amendments
are also expected to encourage mixed-income housing, promoting a healthy social fabric
and a balance between the resort and the community.
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and
neighborhood characteristics.
Staff Finding:
This amendment does not affect the location of the CC and CI zones. These areas of
town continue to be appropriate locations for high intensity commercial and mixed-use
development consistent with existing development. Staff believes this criterion is met.
D. The effect of the proposed amendment on traffic generation and
road safety.
Staff Finding:
The proposed changes encourage redevelopment and capital investment in commercial
and mixed-use buildings within these two zones. Encouraging reinvestment in the retail
districts within Aspen will likely create slightly more traffic on local streets. Staff does
not believe the amendments represent any safety issues on local roads.
staff comments - CC, CI Zones. page I
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E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the extent to
which the proposed amendment would exceed the capacity of such
facilities, including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
Staff Finding:
The amendments intentionally encourage greater use of existing infrastructure by
focusing development into areas that are already served as opposed to areas to which new
infrastructure must be extended. The amount of potential development is not expected to
unduly burden or overwhelm existing infrastructure. Also, impact mitigation
requirements, for some of these public systems ensure their continued capability.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding:
Increased reinvestment opportunities will allow for greater utilization of existing and
planned infrastructure improvements. This may have less of a negative effect on the
environment than development in areas where infrastructure does not already exist.
Generally, staff believes this Ordinance will not encourage adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
Staff Finding:
Characteristic of traditional towns, and important to Aspen as expressed in the
Community Plan, is a vibrant downtown commercial district with mixed-uses and retail
continuity. This is the historic character of the downtown and the changes should
encourage reinvestment in this development type. Staff believes the amendments are
consistent and compatible with the community character.
H. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the
proposed amendment.
Staff Finding:
The proposed amendment is not specific to one parcel.
I. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent of this
title.
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest. The
AACP reflects a community desire for integrated affordable housing opportunities within
staff comments - CC, CI Zones. page 2
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mixed-use areas. The community has favored infill opportunities over large-scale
greenfield solutions to growth.
Staff believes this Ordinance will promote the purpose and intent of this Title. This
Ordinance promotes reinvestment in commercial and mixed-use areas of town and
emphasizes on-site employee housing opportunities for working residents and reducing
the dependence on the automobile by providing housing near employment and recreation
centers. A healthy downtown retail district is consistent with the public interest.
staff comments - CC, C I Zones. page 3
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Vila
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
RE:
John Worcester, City Attorney ry-
Julie Ann Woods, Community Development Directo""_l '
Chris Bendon, Senior Long Range Planner ~
Commercial Core and Commercial 1 Zone District Amendments
First Reading of Ordinance No.~ Series of 2004
THRU:
FROM:
DATE:
August 9,2004
SUMMARY:
The proposed ordinance amends the Commercial Core (CC) and the Commercial I
(CI) Zone Districts consistent with City Council direction during work sessions on
these zones. This ordinance amends both the dimensions discussed and the issue of
ground floor offices.
The CC zone height is proposed at 42 feet.
This is to be measured at the highest point of a
roof and encourages flat roofs. The C I zone is
proposed to have two heights - 38 feet for
sloped roofs, measured at a midpoint, and 42
feet for flat roofs measured at the highest point.
This will encourage both flat and pitched roofs
in this transition zone and is the same approach ,.
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being pursued for the Lodge zone.
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The CC zone district is the immediate
downtown and is also a historic district. The
C I lies to the east of downtown except for one
parcel, which lies to the west of downtown.
.
During work sessions, Council expressed interest in permitting slight increases in
height within these two zones to accommodate rooflines interior to a project to extend
above the 42-foot height limit without deviating from the flat-roof measurement
point. Staff has a proposed the ability to extend 4 feet above the height limit with a
IS-foot setback from streets and alleys. This would permit a slight height increase not
visible from the sidewalk level.
I
, ,
Uses in each zone have been defined with the zone district language referring to these
new definitions. This significantly cleans-up the existing code that describes each use
specifically, but slightly different in each zone.
Office uses have been described as prohibited on the Ground Floor within the CC
zone. Exempted from this prohibition are spaces set back a minimum of 40 feet from
the adjacent street right-of-way and split level buildings that have both a vertical and
horizontal separation from the sidewalk - the archetypal split level building design.
Council generally supported permitting single-family and duplex development in the
C I zone with a reduction in the FAR schedule for these uses. Staff is recommending
this use only be permitted on historic landmark properties. Staff believes the integrity
of the City's most-intense commercial districts needs to be maintained for
, commercial and mixed-use purposes. The existing code only permits single-family
and duplex uses on historically designated properties.
The Ordinance only addresses the zoning portion of Council's direction on this topic.
Other elements of Council direction addressing the percentage of affordable housing
to be associated with free-market development are part of amendments to the City
GMQS code to be presented at a later date.
Staff recommends adoption of Ordinance No. ~, Series of 2004, upon first
reading.
CITY MANAGER'S COMMENTS: ,
/l1je~~-O-UJ_~~ ~~h:; :~J~~-PL1:,~O~
RECOMMENDED MOTION:
"I move to approve Ordinance No.l5, Series of2004, upon first reading."
A TT ACHMENTS:
A - Staff Comments
B - Council Work Session Summary
2
, ~
ORDINANCE NO.c2<ZS
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.104.100-
DEFINITIONS, SECTION 26.710.140 - COMMERCIAL CORE (CC) ZONE
DISTRICT, AND SECTION 26.710.150 - COMMERCIAL (C-l) 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 26.20S 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 (ajoint 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.
Ordinance No._,
Series of 2004. Page I
. sustainability of the local social and economic conditions.
. 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
26.7l0.150 - Commercial (C-I) Zone District page 7; 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 I, 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 ofthe
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, COLORADO as follows:
Ordinance No._,
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 merchandise 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 vehicles, 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 vehicles, 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.
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
Ordinance No._,
Series of 2004. Page 3
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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 I ,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.
Ground Floor. The Floor of a structure approximately the same elevation as the
natural grade of the surrounding area.
Ordinance No._,
Series of 2004. Page 4
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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 fa9ade. 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: 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).
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Core (CC) zone district, subject to the standards and procedures established
in Chapter 26.425:
1. Gasoline service station.
2. Commercial Parking Facility, pursuant to Section 26.515.
Ordinance No.
Series of 2004. Page 5
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial Core (CC) zone district:
I. Minimum lot size (square feet!: No requirement.
2. Minimum lot area per dwellinz unit (.muare feet!: No requirement.
3. Minimum lot width (feet!: No requirement.
4. Minimum front vard setback (feet!: No requirement.
5. Minimum side vard setback (feet!: No requirement.
6. Minimum rear vard setback (feet!: No requirement except trash/utility service
area shall be required abutting alley, pursuant to Section 26.575.060.
7. Maximum heizht (feet!: 42 feet for all areas of the property. 46 feet for areas
setback 15 or more feet from lot lines adjoining a Street or alley right-of-way.
8. Minimum distance between buildinzs 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 3: I.
a. Commercial Uses: 1.5: I, which may be increased to 2: I 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 26.4 70.040B4. 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.
Ordinance No._,
Series of 2004. Page 6
Section 3:
Section 26.710.150, Commercial (C-I) Zone District, which section regulates
development within the Commercial Zone District, shall read as follows:
26.710.150 Commercial (C-l).
A. 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-I) 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, accessory uses
and structures, uses and building elements necessary and incidental to uses on
other Hoors 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, duplex dwelling, and bed and breakfasts.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial (C-I) zone district:
1. Minimum lot size (.~Quare feet!:
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 l1er dwellin~ unit (.w/Uare feet!:
a. Detached residential dwelling, two detached residential dwellings, duplex
dwelling, and bed and breakfast: Same as R6 zone district.
Ordinance No._,
Series of 2004. Page 7
b. All other uses: No requirement.
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 vard setback (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.
5. Minimum side vard setback (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.
6. Minimum rear vard setback (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 except trash/utility service area shall be
required abutting alley, pursuant to Section 26.575.060.
7. Maximum heizht:
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 for all areas of
the property and 46 feet for areas setback 15 or more feet from lot lines
adjoining a Street or alley right-of-way.
8. Minimum distance between huildinzs 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 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 of3:1.
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)
Ordinance No._,
Series of 2004. Page 8
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 26.470.04084. 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 4:
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 5:
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 6:
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 7:
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._,
Series of 2004. Page 9
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 S. Koch, City Clerk
Helen K. Klanderud, Mayor
FIN ALL Y, adopted, passed and approved this _ day of
,2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
C:\home\infill\Commercial\CC&C lord.doc
Ordinance No._,
Series of 2004. Page 10
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Exhibit A
cc & Cl Amendments
STAFF COMMENTS: Text Amendment
Section 26.310.040, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The proposed code amendments are to encourage the development of higher intensity
development in areas that can support such intensity with existing infrastructure. This
promotes a general planning goal of maximizing the efficiency of existing public
infrastructure and also providing development intensity in areas where automobile use
can be minimized. No aspect of the proposed code amendment is in conflict with other
portions of the Municipal Code.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the CC & CI zones are supported by the AACP. There
are many references to providing commercial and mixed-use redevelopment opportunities
within the townsite and within walking distance of daily needs. These code amendments
are also expected to encourage mixed-income housing, promoting a healthy social fabric
and a balance between the resort and the community.
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and
neighborhood characteristics.
Staff Finding:
This amendment does not affect the location of the CC and CI zones. These areas of
town continue to be appropriate locations for high intensity commercial and mixed-use
development consistent with existing development. Staff believes this criterion is met.
D. The effect of the proposed amendment on traffic generation and
road safety.
Staff Finding:
The proposed changes encourage redevelopment and capital investment in commercial
and mixed-use buildings within these two zones. Encouraging reinvestment in the retail
districts within Aspen will likely create slightly more traffic on local streets. Staff does
not believe the amendments represent any safety issues on local roads.
staff comments - CC, C I Zones. page I
E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the extent to
which the proposed amendment would exceed the capacity of such
facilities, including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
Staff Finding:
The amendments intentionally encourage greater use of existing infrastructure by
focusing development into areas that are already served as opposed to areas to which new
infrastructure must be extended. The amount of potential development is not expected to
unduly burden or overwhelm existing infrastructure. Also, impact mitigation
requirements for some ofthese public systems ensure their continued capability.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding:
Increased reinvestment opportunities will allow for greater utilization of existing and
planned infrastructure improvements. This may have less of a negative effect on the
environment than development in areas where infrastructure does not already exist.
Generally, staff believes this Ordinance will not encourage adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
Staff Finding:
Characteristic of traditional towns, and important to Aspen as expressed in the
Community Plan, is a vibrant downtown commercial district with mixed-uses and retail
continuity. This is the historic character ofthe downtown and the changes should
encourage reinvestment in this development type. Staff believes the amendments are
consistent and compatible with the community character.
H. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the
proposed amendment.
Staff Finding:
The proposed amendment is not specific to one parcel.
I. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent of this
title.
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest. The
AACP reflects a community desire for integrated affordable housing opportunities within
staff comments - CC, C I Zones. page 2
mixed-use areas. The community has favored infill opportunities over large-scale
greenfield solutions to growth.
Staff believes this Ordinance will promote the purpose and intent of this Title. This
Ordinance promotes reinvestment in commercial and mixed-use area of town and
emphasizes on-site employee housing opportunities for working residents and reducing
the dependence on the automobile by providing housing near employment and recreation
centers. A healthy downtown retail district is consistent with the public interest.
staff comments - CC, C I Zones. page 3
..,,"'--,
ASPEN CITY COUNCIL WORK SESSION
MEETING NOTES
&~\\;~ -E:,
JI!!!5E:
MEETING DATE:
July 27, 2004
AGENDA TOPIC:
Commercial Development - work session
PRESENTED BY:
Chris Bendon
COUNCIL MEMBERS PRESENT:
Helen, Terry, Tim, Rachel, & Torre
Summarv
City Council discussed ground floor commercial core office use, the potential Wagner Park view
plane, and dimensions for the CC and CI districts. This work session was a continuation of
previous commercial work sessions.
First Floor Commercial Core Office Restriction:
City Council wanted staff to investigate further an idea of permitting office on the Ground Floor
if such space had no relation to the street. Council generally supported a "setback provision"
which would exempt spaces from this restriction if they were significantly set back from the front
of the parcel. Staff generally believes a 40-45 foot setback will accommodate existing spaces
that would not make great retailing spaces.
Council agreed to not apply this no-office restriction on split level buildings. Staff will work on
a better definition that defines the classic "moat" buildings that council wanted to exempt. This
item will come forward with other changes to the commercial core.
Watmer Park View Plane:
City Council reviewed additional graphics on the potential Wagner Park view plane in relation to
the suggested 42-foot height limit for lodging development.
Council decided not to pursue a regulated view plane from the edge of Wagner Park. Terry and
Torre supported a new regulation.
Commercial Core and Commercial 1 Districts.
Council was generally supportive ofa the staff recommended FAR limit of3:1, comprised ofa
1.5: I limit on commercial, a 1: 1 limit on free-market residential, and no limit on affordable
housing. Surmy Vann expressed interest in allowing the internal distribution of floor area to be
varied and staff will look into this more and provide a recommendation.
Council was generally supportive of permitting single-family and duplex development in the CI
zone with a reduced FAR schedule - 80% R6 was discussed. Staff will provide additional
analysis of the number of existing single-family and duplex uses in the zone for public hearings.
The CC and CI zones are ready for public hearing and staff will prepare an ordinance.
I
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Applied 104/0412005 flJ
Approved 104/0412005 111
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Final 104/0412005 fJl
ElCpi.. 103/3012006 fll
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