HomeMy WebLinkAboutcoa.lu.ca.Neighborhood commercial.0027-05
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City of Aspen Community Development Dept.
CASE NUMBER
0027.2005.ASLU
PARCEL 10 NUMBER 2735-12-4-46-801
PROJECT ADDRESS 130 S GALENA ST
PLANNER
CHRIS
BENDON
CASE DESCRIPTION CODE AMENDMENT:NC ZONE
REPRESENTATIVE CHRIS BENDON 429-2765
DATE OF FINAL ACTION 4/4/2005
CLOSED BY Denise Driscoll
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ORDINANCE NO. 12
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.170-
NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT - OF THE CITY OF
ASPEN MUNICIPAL CODE.
WHEREAS, lhe Cily Council and the Planning and Zoning Commission of the
City of Aspen instructed the Director of the Community Development Department to
propose amendments to the Land Use Code, part of the City of Aspen Municipal Code,
related to the Infill Report, a report developed by a city-commissioned advisory group,
the Infill Advisory Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the Infill Program is to implement action items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a
report commissioned by the City of Aspen in 2000), recommendations of the Infill Report
(a report produced by the 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 ofthe local social and economic conditions.
Ordinance No. 12,
Series of 2005
I
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. The creation of a development environment in whieh private sector motivation is
leveraged to address community goals; and,
WHEREAS, the amendments herein relate to the following Section of the Land
Use Code, Title 26 of the Aspen Municipal Code:
26.710.170 - Neighborhood Commercial (NC) Zone District; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public 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 and the Planning and Zoning Commission, and has
taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26.710.170, Neighborhood Commercial (NC) Zone District, which
section regulates development within the Neighborhood Commercial Zone
District, shall read as follows:
Ordinance No. 12,
Series of 2005
2
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26.710.170 Neighborhood Commercial (NC).
A. Purpose. The purpose of the Neighborhood Commercial (NC) zone district is to
provide for the establishment of mixed-use buildings with commercial uses serving the
daily or frequent needs of the surrounding neighborhood, thereby reducing traffic
circulation and parking problems, to provide opportunities for affordable and free-market
residential density, and to provide a transition between the commercial core and
surrounding residential neighborhoods.
B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) zone district:
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, bed and
breakfast, accessory uses and structures, uses and building elements necessary
and incidental to uses on other floors including parking accessory to a permitted
use, storage accessory to a permitted use, farmers market provided a vending
agreement is obtained pursuant to Section l5.04.350(B).
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) zone district, subject to the standards and procedures
established in Chapter 26.425:
I. Lodging, AtTordable Multi-Family Housing, Free-Market Multi-Family Housing,
or home occupations on the Ground Floor.
2. Commercial Parking Facility, pursuant to Section 26.515;
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Neighborhood Commercial (NC) zone district:
I. Minimum lot size (square feet): No requirement.
2. Minimum lot area oer dwellinz unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front vard setback ((Cet): 5.
5. Minimum side vard setback (teeO: 5.
6. Minimum rear vard setback (feeO: 5. Plus, a trash/utility service area shall be
required, pursuant to Section 26.575.060.
7. Maximum height: 32 feet.
8. Minimum distance between buildinzs on the lot (feet): No requirement.
9. Pedestrian Amenitv Soace: Pursuant to Section 26.575.030.
Ordinance No. 12,
Series of 2005
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10. Floor Area Ratio (FAR):
The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of 1.5: I.
a) Commercial Uses: 1:1.
b) Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses,
Academic Uses, child care center, and similar uses: 1: I.
c) Affordable Multi-Family Housing: .5:1.
d) Free-Market Multi-Family Housing: .5:1.
Section 2:
This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 4:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 5:
A public hearing on the Ordinance shall be held on the 14th day of March, 2005, at
5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen
(15) days prior to which hearing a public notice of the same was published in a
newspaper of general circulation within the City of Aspen.
[Signatures on following page]
Ordinance No. 12,
Series of 2005
4
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14th day of February, 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this 14th day of March, 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
C:lhomelintilllNC ZonelNC Ordinance.doc
Ordinance No. 12,
Series of 2005
5
V", f-
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
THRU:
John Worcester, City Attorney
Chris Bendon, Community Development Director ~Vv?
Neighborhood Commercial (NC) Zone District Code Amendment
Second Reading of Ordinance No. 12, Series of 2005
FROM:
RE:
DATE:
March 14, 2005
~44
SUMMARY:
This proposed ordinance updates the Neighborhood Commercial Zone District. The
NC changes provide an updated list of permitted and conditional commercial uses and
allows for residential and lodging uses on upper floors. The new use descriptions
more closely relate to current businesses. A criticism of the current NC zoning is its
antiquated list of uses.
The commercial FAR remains the same, 1:1, while an additional .5:1 of FAR has
been proposed to provide for residential (both free-market and affordable), lodging,
civic, and public uses. Staff believes this additional FAR will encourage a mix of
uses without increasing the amount of commercial square footage currently permitted.
The NC Zone encompasses the land surrounding Clark's Market and parking lot, the
former KSNO building located just south of Clark's Market, City Market, the Durant
Mall Building, and the Frias Properties Building. Also, approximately 2,700 square
feet of Obermeyer Place is designated NC. Each of these properties is designated
with either a PUD Overlay or an SPA Overlay, which controls the dimensions of the
development.
The proposed zoning does not permit residential or lodging uses on the ground floor
although these uses may be approved on the ground floor as a conditional use. This
has been included to maintain a commercial presence on the pedestrian level while
providing flexibility to consider special circumstances.
The changes reflect City Council's direction to staff from various work sessions on
commercial development. Staff recommends adoption of Ordinance No. 12,
Series of 2005.
1
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CITYMANAGER'SC~S~ ~
RECOMMENDED MOTION:
"I move to approve Ordinance No. 12, Series 01'2005."
ATTACHMENTS:
A - Review Criteria
B - Council Work Session Summary
2
Exhibit A
NC Zone 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 NC 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 NC zone 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. The two areas where this zone is
used are appropriate places for mixed-use development and the proposed purpose of the
zone will help guide future designation of where this zone should be used. 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 NC zone. The zones boundaries are
not being altered, only the allowances within the zone district and the types of uses and
intensities allowed on these parcels. These areas of town continue to be appropriate
locations for 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 comments - NC Zone. page I
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Staff Finding:
The proposed changes encourage redevelopment and capital investment in commercial
and mixed-use buildings within the NC zone. Encouraging reinvestment in the retail and
mixed-use 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.
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 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.
staff comments - NC Zone. page 2
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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 and
local-serving commercial uses within mixed-use areas.
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. Healthy mixed-use districts are consistent with the public interest. Local-serving
commercial business opportunities will aid the local economy and is consistent with the
public interest.
staff comments - NC Zone. page 3
MEETING DATE:
August 31, 2004
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ASPEN CITY COUNCIL WORK SESSION
MEETING NOTES
AGENDA TOPIC:
Commercial Development - work session
PRESENTED BY:
Chris Bendon
COUNCIL MEMBERS PRESENT:
Helen, Terry, Tim, Rachel, & Torre
Summary
City Council discussed Lodging (a revisit of previous direction) the MU zone, NC zone, and the
SCI zone. This work session was a continuation of previous commercial work sessions.
sl
Items Resolved AU/lUst 31 :
Lodging Revisit
City Council redirected staff on the lodging incentive to pursue a "density" standard
rather that trying to differentiate traditional ownership verses fractional ownership.
This is a strategy to encourage lodging with small rooms and higher unit counts. A lodge
unit per lot area and possibly an average lodge unit size could be used. Staff believes this
addresses an interest of the City - specifically high occupancy lodging projects while
fitting better with standard zoning differentiation, namely density. As a secondary
outcome, this density standard may be less appealing to fractional projects as the trend
seems to indicate larger units in fractional projects.
Mixed-Use Zone (Main Street).
For the Mixed-Use district (Main Street), Council previously directed staff to structure
allowable heights to permit a 32-foot height for mixed-use, lodging, and multi-family.
development and maintain the 25-foot limit for single-family and duplex development.
Staff also suggested a reduced ratio for new single-family and duplex development
similar to the reduction in the RMF zone - 80% of the R6 schedule. For replacement of
existing single-family and duplex structures, a 100% schedule would apply thereby not
creating non-conformities. Council agreed with the strategy.
There was some discussion on the reduction or waiver of affordable housing mitigation
for converting historic structures to commercial uses. This could be a strategy to
encourage the preservation and rehabilitation of older buildings in this zone. The
discussion was not concluded.
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Neighborhood Commercial
This zone is comprised of two areas - the Clark's Market and KSNO buildings, and the
City Market/Durant Mall area. Both areas are zoned with a PUD Overlay which controls
their dimensions. Because of the two different contexts, the PUD process would be
useful in determining zoning dimensions.
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Staff suggests a range of options. Council determined that no major updates to this zone
were necessary although the list of permitted uses should be cleaned-up.
Service Commercial Industrial
Council previously agreed to a 35-foot height limit (which is the current requirement)
with one 5-foot height increase to encourage greater first floor heights or a minimum
amount of SCI space. (Only one increase for either or these, but not two total increases.)
Some of the uses should also be cleaned-up and the amount of retail/showroom space that
can be provided should be clarified. Council confirmed this basic strategy.
Previouslv Resolved Items:
Redevelopment projects should be permitted a credit for their existing development. The City's
code permits the replacement of commercial square footage after demolition only if the project
mitigates for affordable housing as if nothing existed there before - no credit. This replacement
penalty is a significant barrier to redevelopment and removing it is a consistent theme of the infill
discussions. This redevelopment credit idea was implemented a few years ago in the Lodge
Preservation Program and has produced some positive activity. Providing this credit is similar to
the City's approach on Lodging development. Councilwoman Richards expressed some interest
in still requiring some level of mitigation. This was not echoed by other Council members.
Pedestrian Amenity cash-in-lieu uses should not be broadened to include purchase of open
space viewable from downtown. Staff recommended against this route. The reason for requiring
this space is to enhance the pedestrian environment and cash-in-lieu monies should be used to
directly affect this goal and not diverted to other community issues. This is especially important
in light of the City's recent analysis of downtown and a desire to implement improvements with
no funding source. There was not sufficient Council interest in pursuing this option.
Off-site affordable housing mitigation should be approved by P&Z while off-site, outside the
city limits should only be approved by City Council. This outside the city issue also was raised
by Council during lodging discussions with the preference being to permit such mitigation with
approvals from City Council.
The Pedestrian Amenity requirement should be 25% of each lot: Council decided on keeping
this standard at 25% with the ability for P&Z to lower the requirement to reward exceptional
projects. P&Z's criteria for exceptional should include consideration of the projects mix of uses
and how that mix contributes to an active downtown.
Redevelopment of lots with no Pedestrian Amenity (or less than required) space is currently
provided shall not be required to provide Pedestrian Amenity if the building is merely being
replaced with no expansion. If the redevelopment of a lot increases the building size, a
Pedestrian Amenity equal to 10% of the lot size will be required and could automatically be
satisfied with a cash-in-lieu payment.
2
Pedestrian Amenity and Commercial Design Standards should be ready for first reading by
September 13 th.
The outdoor merchandising in required open space issue will be forwarded to the Downtown
Catalyst and not addressed in infill amendments.
The TDR Program will not be expanded to the Commercial Zones.
A TDR program for Affordable Housing mitigation will not be pursued in infill code
amendments. The idea will be forwarded to the Housing Authority and Board.
CC Zone Height: A height limit of 42 feet, measured at the full extent of the roof will apply to
the Commercial Core District. Staff will research some flexibility for modest increases to
accommodate rooflines internal to a project that are not visible from the street level. This would
likely be a review done by HPC as they already must review the design of each building.
Cl and Lodge Zone Height: In the Cl and Lodge districts, a 42-foot height for flat roofs and
38 feet for midpoint of pitched roofs will apply.
CC and Cl changes are scheduled for public hearing on September 13th
Mixed-Use Zone Height: In the Mixed-Use district (Main Street), a 32-foot height limit will
apply to mixed-use, lodging, and multi-family development. The 25-foot limit will remain for
single-family and duplex development.
First Floor Commercial Core Office Restriction: Council directed staff to pursue a restriction
on ground floor offices in the Commercial Core. 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. Rachel, Torre, and Terry supported the office
restriction with Helen and Tim opposed.
This item is scheduled for public hearing on September 13th, along with other changes to the CC
and C I Zones.
Wagner 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] Districts: Council was generally supportive of a the staff
recommended FAR limit of 3: I, comprised of a 1.5: I limit on commercial, a I: I limit on free-
market residential, and no limit on affordable housing. Sunny 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 C I zone with a reduced FAR schedule - 80% R6 was discussed.
3
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: -11) L (~Q A k.<< I{J ut. rls:- ' Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 3;/1 Lf/ C2 .c:; ,200
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~ Ot GNl€S L,~V\(' J J- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
-* Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attachfd hereto.
_ Posting of notice:I3Y posting of notice, which form was obtained frtm the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time ofl;e public
hearing. A photograph of the posted notice (sign) is attached heretot
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (\5) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax rfiCords of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
fb:"rv ,Jt7dl
. ature
The fO~ng "Affidavit of Notice" was3~~bef<l\'e m~ day
o~ ,2002) by ).....1
WITNESS MY HAND AND OFFICIAL SEAL
Bue NOTICE
RE: u.ND USE ODE AMENDMENTS _ NEIGH.
BORHOOD CO ERCIAL ZONE DISTRICT
NOTICE HEREBY GWEN that a public
hearingwm beheld on Monday, March 14,2005
ala meetiogln begin at 5:00 p,ffi. beloreIheAs-
pen City Couocil, City Council Chamb~rs, 130 S.
Galena 51., Aspen, to consider an application sub-
mllted by the City of Aspen Community Develop-
ment Department requesting land use code
amendments to the following sections ul the
Land Use Code - 26.710,170, Neighborhood
Commercial Zone District.
Forfu.rtherjnfO~ tion,.,"". tact Chris Beodon al
the CIty of Aspe Community Development De-
partment, 130 s. alena 51., Aspen, CO, (970) 429-
2765,chrisb@cL pen.cous
s/Heleo Kaljn KJanderud,Mayor
AspenCityCounci!
Published in The Aspen Times Oil February 13,
2005.(2383)
SARAH
OATES
My commission expi ~ ............ <
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A TT ACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
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'.
MEMORANDUM
VII d
TO:
Mayor Klanderud and Aspen City Council
THRU:
Steve Barwick, City Manager
John Worcester, City Attorney
Chris Bendon, Community Development Director~
Neighborhood Commercial (NC) Zone District Code Amendment
First Reading of Ordinance No.,lMSeries of 2005
Second Reading Scheduled for March 14,2005
FROM:
RE:
DATE:
February 14, 2005
SUMMARY:
This proposed ordinance updates the Neighborhood Commercial Zone District. The
NC changes provide an updated list of permitted and conditional commercial uses and
allows for residential and lodging uses on upper floors. The new use descriptions
more closely relate to current businesses. A criticism of the current NC zoning is its
antiquated list of uses.
The commercial FAR remains the same, 1:1, while an additional .5:1 of FAR has
been proposed to provide for residential (both free-market and affordable), lodging,
civic, and public uses. Staff believes this additional FAR will encourage a mix of
uses without increasing the amount of commercial square footage currently permitted.
The NC Zone encompasses the land surrounding Clark's Market and parking lot, the
former KSNO building located just south of Clark's Market, City Market, the Durant
Mall Building, and the Frias Properties Building. Also, approximately 2,700 square
feet of Obermeyer Place is designated NC. Each of these properties is designated
with either a PUD Overlay or an SPA Overlay, which controls the dimensions of the
development.
The proposed zoning does not permit residential or lodging uses on the ground floor
although these uses may be approved on the ground floor as a conditional use. This
has been included to maintain a commercial presence on the pedestrian level while
providing flexibility to consider special circumstances.
The changes reflect City Council's direction to staff from various work sessions on
commercial development. Staff recommends adoption of Ordinance No. la...
Series of 2005, upon first reading.
MAPS OF NC ZONE DISTRICT:
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CITY MANAGER'S COMMENTS: //l ^ /) _
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RECOMMENDED MOTION:
"I move to approve Ordinance No, 11.--, Series 01'2005, upon first reading."
ATTACHMENTS:
A - Review Criteria
B - Council Work Session Summary
2
ORDINANCE NO. f~
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.170 -
NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT - OF THE CITY OF
ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen instructed the Director of the Community Development Department to
propose amendments to the Land Use Code, part of the City of Aspen Municipal Code,
related to the Infill Report, a report developed by a city-commissioned advisory group,
the Infill Advisory Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the Infill Program is to implement action items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a
report commissioned by the City of Aspen in 2000), recommendations ofthe Infill Report
(a report produced by the Infill Advisory Group in January, 2002), and the
recommendations of the Economic Sustainability Committee (a joint project between the
City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute
Community Forum concluded in September, 2002) that call for:
. intensification of land uses within the traditional townsite.
. focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city.
. retention of existing commercial and lodging uses.
. increased vitality of the downtown retail environment.
. rejuvenation of aging commercial properties.
. development of mixed-use buildings with housing opportunities for locals.
. development of affordable housing in locations supported by the "Interim Aspen
Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
. revisions to, or elimination of, identified barriers to successful infill development
such as the costs of development exactions, growth management penalties for
redeveloping buildings, and the length and uncertainty of approval processes.
. revisions to the strategy implementing growth management to emphasize quality
of development as opposed to just the quantity of development.
. elimination of development incentives for single-family and duplex development
within commercial, mixed-use, and lodging zone districts.
. balance between the community and the resort aspects of Aspen.
. sustainability of the local social and economic conditions.
Ordinance No. _,
Series of 2005
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 ofthe Aspen Municipal Code:
26.710.170 - Neighborhood Commercial (NC) Zone District; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public 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 and the Planning and Zoning Commission, and has
taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26.71 0.170, Neighborhood Commercial (NC) Zone District, which
section regulates development within the Neighborhood Commercial Zone
District, shall read as follows:
Ordinance No. ,
Series of 2005
2
26.710.170 Neighborhood Commercial (NC).
A. Purpose. The purpose of the Neighborhood Commercial (NC) zone district is to
provide for the establishment of mixed-use buildings with commercial uses serving the
daily or frequent needs of the surrounding neighborhood, thereby reducing traffic
circulation and parking problems, to provide opportunities for affordable and free-market
residential density, and to provide a transition between the commercial core and
surrounding residential neighborhoods.
B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) zone district:
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, bed and
breakfast, accessory uses and structures, uses and building elements necessary
and incidental to uses on other floors including parking accessory to a permitted
use, storage accessory to a permitted use, farmers market provided a vending
agreement is obtained pursuant to Section 15.04.350(B).
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) zone district, subject to the standards and procedures
established in Chapter 26.425:
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;
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Neighborhood Commercial (NC) zone district:
I. Minimum lot size (square feet): No requirement.
2. Minimum lot area per dwellinz unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front vard setback (feet): 5.
5. Minimum side vard setback (feet): 5.
6. Minimum rear vard setback (feet): 5. Plus, a trash/utility service area shall be
required, pursuant to Section 26.575.060.
7. Maximum heizht: 32 feet.
8. Minimum distance between buildinzs on the lot (feet): No requirement.
9. Pedestrian Amenitv Soace: Pursuant to Section 26.575.030.
Ordinance No.
Series of 2005
-'
3
10. Floor Area Ratio (FAR):
The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of 1.5: I.
a) Commercial Uses: 1:1.
b) Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses,
Academic Uses, child care center, and similar uses: I: I.
c) Affordable Multi-Family Housing: .5: I.
d) Free-Market Multi-Family Housing: .5:1.
Section 2:
This Ordinance shall not atTect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 4:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 5:
A public hearing on the Ordinance shall be held on the _day of~, 2005, at
5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen
(15) days prior to which hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
[Signatures on following page]
Ordinance No.
Series of 2005
-'
4
........_---~--_.."'~~-,,""-"."-
_,,_~_.~.o..p.____.,_~_,_......_..,_._ .. .... .._,_...."..~._,,'~._._~'"
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the _ day of _,2005.
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:lhomelinfilllNC ZonelNC Ordinance.doc
Ordinance No. _,
Series of 2005
5
Exhibit A
NC Zone 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 NC 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 NC zone 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. The two areas where this zone is
used are appropriate places for mixed-use development and the proposed purpose of the
zone will help guide future designation of where this zone should be used. 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 NC zone. The zones boundaries are
not being altered, only the allowances within the zone district and the types of uses and
intensities allowed on these parcels. These areas of town continue to be appropriate
locations for 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 comments - NC Zone. page I
Staff Finding:
The proposed changes encourage redevelopment and capital investment in commercial
and mixed-use buildings within the NC zone. Encouraging reinvestment in the retail and
mixed-use 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.
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 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.
staff comments - NC Zone. page 2
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 and
local-serving commercial uses within mixed-use areas.
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. Healthy mixed-use districts are consistent with the public interest. Local-serving
commercial business opportunities will aid the local economy and is consistent with the
public interest.
staff comments - NC Zone. page 3
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