HomeMy WebLinkAboutordinance.council.004-08ORDINANCE No. 4
(Series of 2008)
AN ORDINANCE OF THE ASPEN CITY COUNCIL, ASPEN, COLORADO,
DETERMINING THAT AMENDMENTS TO THE FOLLOWING CHAPTER
AND SECTION OF THE CITY OF ASPEN LAND USE CODE OF THE CITY
OF ASPEN MUNICIPAL CODE: 26.710.160 -SERVICE COMMERCIAL
INDUSTRIAL (SCI) ZONE DISTRICT, MEET APPLICABLE STANDARDS
OF REVIEW.
WHEREAS, on April 25, 2006, the City Council of the City of Aspen enacted
a six-month temporary moratorium on land use applications in the Residential Multi-
Family (RMF); Residential/ Multi-Family (R/MFA); Commercial Core (CC);
Commercial (C1); Service Commercial Industrial (SCI); Neighborhood Commercial
(NC); Mixed-Use (MU); Lodge (L); Commercial Lodge (CL); Lodge Overlay (LO);
Lodge Preservation Overlay (LPO) Zone Districts of the City of Aspen, due to
persistent concerns that the rate and character of development activity in the City of
Aspen was having a negative impact upon the health, peace, safety, and general well-
being of the residents and visitors of Aspen, and that recent land use applications did
not appear consistent with the 2000 Aspen Area Community Plan; and,
WHEREAS, the City Council directed the Planning Director of the
Community Development Department to propose amendments to the Land Use Code
related to the above-named zone districts, pursuant to sections 26.208 and 26.212; 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, on June 26, 2006, the City Council enacted Ordinance Number
23, Series of 2006, approving amendments to the six-month temporary moratorium,
and establishing additional exemptions to the temporary moratorium; and,
WHEREAS, Section 7 of Ordinance Number 19, Series of 2006, allowed for
the termination date of the moratorium to be extended by City Council through the
adoption of an ordinance; and,
WHEREAS, on September 25, 2006, the City Council enacted Ordinance
Number 38, Series of 2006, extending the temporary moratorium until February 28,
2007; and,
WHEREAS, on February 28, 2007, the City Council enacted Ordinance
Number 3, Series of 2007, extending the temporary moratorium until May 31, 2007;
and,
WHEREAS, on May 29, 2007, the City Council enacted Ordinance Number
20, Series of 2007, extending the temporary moratorium until November 30, 2007,
only for properties within the Service Commercial Industrial Zone Districts; and,
Ordinance No. 4, Series 2008.
Page 1
WHEREAS, on October 29, 2007, the City Council enacted Ordinance
Number 47, Series of 2007, extending the temporary moratorium until May 30, 2008;
and,
WHEREAS, the Community Development Director has recommended
approval of the proposed amendments to the Service Commercial Industrial Zone
District, as described herein; and,
WHEREAS, the proposed amendments encourage a greater social vitality of
service commercial areas, support for service commercial businesses that without the
SCI Zone District would likely relocate out of town and increase vehicle trip-
generation by locals seeking needed services, long-term sustainability of the local
economy that depends upon the services provided by businesses in the SCI district, the
provision of affordable housing that could be utilized as a live-work opportunity, the
continued provision of medical services to local residents in close proximity to the core
business district and high-density population areas, and generally encouraging a more
balanced permanent community ;and,
WHEREAS, the amendments proposed herein are consistent with the Aspen
Area Community Plan, which in part calls for:
• The focusing of growth towards already developed azeas and away from
undeveloped areas surrounding the city by intensification of land uses within the
downtown.
• The retention of existing commercial and lodging uses.
• The rejuvenation of aging commercial properties.
• The development of mixed-use buildings with housing opportunities for locals.
• The development of affordable housing in locations supported by the "Interim
Aspen Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
• A balance between the community and the resort aspects of Aspen.
• The long-term sustainability of the local social and economic conditions; and,
WHEREAS, there are several distinct geographic parcels of different shapes and
topographical characteristics within the SCI Zone District, and these different parcels
have a range of neighboring parcels with different characteristics, and the differing
natures of these parcels within the SCI Zone District may be appropriate for different
kinds of uses within the District; and,
WHEREAS, the Andrews-McFazlin Subdivision within the SCI Zone District is
along and thin, metes and bounds parcel directly adjacent to the Roaring Fork River to
the east, and directly adjacent to the arterial N. Mill St. to the west; and,
WHEREAS, this parcel was included in the SCI Zone District when the it was
established in 1975, at a time when it was common practice across the United States to
locate industrial and light industrial uses directly adjacent to rivers, and since 1975, the
Ordinance No. 4, Series 2008.
Page 2
City of Aspen has enacted strict regulations governing the use of properties adjacent to
rivers, known as Stream Mazgin Review; and,
WHEREAS, Design Studio uses identified as permitted uses in the SCI Zone
District are more appropriate for the Andrews-McFarlin parcel than most other permitted
uses in the SCI Zone District, which generally feature the servicing, repair, rental and
limited retail offerings of material goods including the space needed to store, service and
onload/offload material goods; and,
WHEREAS, the unique nature of the Andrews-McFazlin parcel includes a
limited functional capacity to support such uses; and,
WHEREAS, the Community Development Director recommends that Design
Studio uses should be encouraged in specific azeas of the SCI Zone District where most
other, more traditional permitted SCI Commercial uses are not likely to compete for
space; and,
WHEREAS, during a duly noticed public hearing on Januazy 29, 2008, the
Planning and Zoning Commission found that the amendments met or exceeded all
applicable standards pursuant to Chapter 26.310, and recommended that City Council
approve amendments to the text of the Service Commercial Industrial Zone District, as
described in Planning and Zoning Commission Resolution No. 5, Series of 2008, by a 6-0
vote; and,
WHEREAS, during a duly noticed public hearing on Mazch 24, 2008, the Aspen
City Council reviewed the recommendations of the Community Development Director and
the Planning and Zoning Commission, and the City Council and continued the public
hearing to Apri128, 2008; and,
WHEREAS, during a duly noticed public hearing on April 28, 2008, the Aspen
City Council reviewed the recommendations of the Community Development Director and
the Planning and Zoning Commission, and continued the public hearing to May 27, 2008;
and,
WHEREAS, during a duly noticed public hearing on May 27, 2008, the Aspen City
Council reviewed the recommendations of the Community Development Director and the
Planning and Zoning Commission, and found that the amendments met or exceeded all
applicable standazds pursuant to Chapter 26.310, and approved amendments to the text of
the Service Commercial Industrial Zone District, as described herein, by a five to zero (5-
0) vote; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is
necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL
as follows:
Section 1: Section 26.710.160 -Service/Commercial/Industrial (SCI) Zone District,
which section regulates development within the Service/Commercial/Industrial Zone
District, shall read as follows:
Ordinance No. 4, Series 2008.
Page 3
26.710.160 Service/Commercial/Industrial (SCI).
A. Purpose. The purpose of the Service/Commercial/Industrial (SCI) zone district is
to preserve and enhance locally-serving, primarily non-retail small business areas to
ensure a more balanced permanent community; to protect the few remaining such small
business parks historically used primarily for light industrial uses, manufacturing, repair,
storage and servicing of consumer goods, with limited retail, showroom, or customer
reception areas. The SCI zone district contains uses that may not be appropriate in other
zone districts or do not require or generate high customer traffic volumes, and permits
customary accessory uses.
B. Permitted Uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (SCI) zone district. Each of the permitted uses may have,
in combination, a limited percent of the floor area, as noted below, devoted to retail sales,
showroom, or customer reception, and such uses shall be ancillary to the primary
commercial use. This floor area percentage may be increased through Special Review by
the Planning and Zoning Commission, pursuant to Section 26.430.050, and according to
the standards of Section 26.710.160(E)1.
1) SCI Uses which may use up to 100% of the floor area for retail sales, showroom, or
customer reception include the manufacturing, repair, customizing, servicing, detailing,
sales, and rental of consumer goods such as:
a) Building materials, components, hardware, fixtures, interior finishes and
equipment.
b) Household appliances such as ranges, refrigerators, dishwashers, etc.
c) Automobiles and motorcycles, Motor-driven cycles, and Motorized bicycles,
including parts.
d) Non-motorized vehicles such as bicycles and river-related recreational items,
for rental or in combination with a service use related to guiding or touring.
e) Fabric and sewing supply.
2) SCI Uses which may use, in combination, up to 25% of the floor area for accessory
retail sales, showroom, or customer reception including the manufacturing, repair,
alteration, tailoring, and servicing of consumer goods such as, electronic equipment;
floral arrangements; furniture; clothing; or sporting goods:
a) Typesetting and printing, including copy center.
b) Photo processing laboratory.
c) Locksmith.
d) Post Office branch.
e) Shipping and receiving services.
f) Internet auction consignment outlet
g) Laundromat.
h) Commercial dry cleaning.
i) Recycling center.
j) Artist studio.
k) Veterinary clinic.
1) Animal boarding facility.
Ordinance No. 4, Series 2008.
Page 4
m) Animal grooming establishment.
n) Brewery and brewing supply, with on-site alcoholic beverage consumption
limited to the hours of noon to 9 pm Mondays through Saturdays and noon
through 6 pm on Sundays and limited to six samples of six ounces, or four
samples of six ounces and one sample of 16 ounces, per person, per day; this
consumption limitation to be suspended for wholesale buyers.
o) Coffee roasting and supply
p) Commercial Kitchen or Bakery.
q) Design Studio, limited to the Andrews-McFazlin Subdivision.
31 SCI Uses which may use, in combination, up to 10% of the floor area for accessor
retail sales , showroom, or customer reception:
a) Building/landscape maintenance facility.
b) Automobile washing facility.
c) Warehousing and storage.
4 Primary Care Physician's Office Uses permitted:
a) On Upper Floors, pursuant to Section 26.710.160 (D)11(b).
b) Limited to a cap of 3,500 square feet at the Obermeyer Place PUD, upon
execution of an Insubstantial PUD Amendment.
5) Permitted Accessory Uses:
a) Service yard accessory to a permitted use.
b) Sales and rental accessory and incidental to a permitted use.
c) Accessory buildings and uses.
d) Home occupations.
e) Offices, accessory to a permitted or conditional use, not to exceed 10% of a
commercial unit.
C. Conditional uses. The following uses aze permitted as conditional uses in the
Service/Commercial/ Industrial (SCI) zone district, subject to the procedures established
in Chapter 26.425.050 Procedures for Review, and the standards established in Section
26.710.160(F).
Under Section 26.710.160(C)1-3, the Commission shall establish the appropriate amount
of floor area to be devoted to retail sales, showroom, or customer reception for each
conditional use during the review, pursuant to the review standards of Section 26.710.160
(F)1.
Under Section 26.710.160(C)4-5, the Commission shall review the site plan to determine
compliance pursuant to the review standards of Section 26.710.160(F)2-3, and establish
conditions of approval as needed.
1. Consignment retail establishment.
2. Commercial Pazking Facility, pursuant to Section 26.515.
3. Gasoline service station.
4. Affordable Multi-Family Housing on Upper Floors.
5. Free Market Multi-Family Housing on Upper Floors
Ordinance No. 4, Series 2008.
Page 5
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Service/Commercial/ Industrial (SCI) zone
district:
1. Minimum lot size (square feet): 3,000
2. Minimum lot azea per dwellin ug nit (square feet): No requirement.
3. Minimum lot width (feet No requirement.
4. Minimum front yazd setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
7. Minimum Utility/Trash/Recycle area: Pursuant to Section 26.575.060.
8. Maximum height: 35 feet.
9. Minimum distance between buildin¢s on the lot (feet): No Requirement.
10. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
11. Floor Area Ratio (FAR): The following FAR schedule applies to uses
cumulatively up to a total maximum FAR of 2.25:1. Achieving the maximum
floor area ratio is subject to compliance with applicable design standards, view
plane requirements, public amenity requirements and other dimensional
standazds. Accordingly, the maximum FAR is not an entitlement and is not
achievable in all situations.
a) Commercial Uses: 1.5:1.
b) Primary Caze Physician's Office uses:.25:1 FAR, only if a minimum of
.75:1 FAR of Commercial uses, listed in Section 26.710.160(B)1-3, exist
on the same parcel.
c) Affordable Multi-Family Housing:.5:1.
d) Free-Market Multi-Family Housing:.25:1, only if a minimum of .75:1
FAR of Commercial Uses listed in Section 26.710.160(B)1-3 exist on the
same parcel.
e) Free-Market Multi-Family Housing:.5:1, only if a minimum of .75:1 FAR
of Commercial Uses listed in Section 26.710.160(B)1-3 exist on the same
pazcel, and a minimum of .25:1 FAR of Primary Care Physician's Office
Uses exist on the same pazcel.
12. Maximum multi-family residential dwelling unit size (square feet): 2,000 sq. ft.
of net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing Historic Transferable Development Right Certificates
("certificate" or "certificates"), subject to the following:
(1) The transfer ratio is 500 sq. ft. of net livable area for each certificate
that is extinguished.
Ordinance No. 4, Series 2008.
Page 6
(2) The additional square footage accrued may be applied to multiple
units. However, the maximum individual unit size attainable by
transfemng development rights is 2,500 sq. ft. of net livable area (i.e., no
more than 500 additional square feet may be applied per unit).
(3) This incentive applies only to individual unit size. Transferring
development rights does not allow an increase in the Floor Area Ratio
(FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates.
E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430.050, and
shall be approved, approved with conditions, or denied based on conformance with the
following criteria:
1. To increase the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for such additional space and shall demonstrate consistency with the
purpose of the SCI Zone District. The additional approved percentage for a specific
use shall be limited to that use and not applicable to subsequent uses in the same
space.
F. Conditional Use Review Standards.
1. To establish the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for the space and shall demonstrate consistency with the purpose of
the SCI Zone District. The approved percentage for a specific use shall be limited to
that use and not applicable to subsequent uses in the same space.
2. Applicant must demonstrate that the affordable housing and/or free market housing is
substantially removed and physically separated from Commercial Uses on the same
parcel, to the extent practicable, so as to isolate residential uses from commercial
impacts and to adequately provide for on-loading, off-loading, circulation and parking
for commercial uses.
3. Applicant must implement a prohibition on the cross-ownership of free market
residential units and commercial space, to be reviewed and accepted by the City
Attorney.
Ordinance No. 4, Series 2008.
Page 7
Section 2:
Section 26.104.100 -Definitions, which section defines various terms, shall include as
follows:
Primary Care Physician's Office: A physician's office, where the sole use is the delivery
of primary caze medical services that shall include one or more of the following areas of
health care practice: pediatrics, family practice, internal medicine, and obstetrics-
gynecology, where sale of supplies and/or medicines is incidental to the sale of services,
and where walk-in and either Medicare or Medicaid patients aze accepted.
Artist's Studio. Primarily a fine arts workshop of a light industrial nature such as a
sculptor, potter, weaver, carver, jeweler, or other similar art that requires artistic skill, and
not related to personal hygiene or adornment, and secondazily receiving the public and
engaging in retail sales on a limited basis.
Brewery. A facility, licensed by the State of Colorado and subject to the City of Aspen
Liquor License authority and jurisdiction, for the production and packaging of alcoholic
malt beverages for distribution, and secondazily receiving the public and engaging in
retail sales on a limited basis.
Coffee Roasting Facility. A facility for the processing and packaging of coffee beans for
distribution and secondarily receiving the public and engaging in retail sales on a limited
basis. No beverage consumption is allowed on site.
Section 3:
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 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 sepazate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 5:
A public hearing on the Ordinance was held on the 24th day of March, 2008, at 5
p.m. in the Council Chambers, Aspen City Ha11, Aspen, Colorado, fifreen (15) days
prior to which heazing a public notice of the same was published in a newspaper of
general circulation within the City of Aspen.
Section 6:
This ordinance shall become effective thirty (30) days following final adoption.
Section 7•
The Temporary Moratorium adopted pursuant to Ordinance No. 19, Series of 2006,
as amended pursuant to Ordinance Number 23, Series of 2006, and Ordinance
Ordinance No. 4, Series 2008.
Page 8
Number 38, Series of 2006, and Ordinance Number 3, Series of 2007; and Ordinance
Number 20, Series of 2007; and Ordinance Number 47, Series of 2007, and
Ordinance Number 9, Series 2008, shall expire upon the effective date of this
Ordinance.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 25a' day of February, 2008.
Attest:
Kathryn S. h, City Clerk
A ~~
Michael C. Ireland, Ch rr
FINALLY, adopted, passed and approved this 27a' day of May, 2008.
Attest:
v ~~~_
Kathryn S Coch, City Clerk
Approved as to form:
ZrG"~
-ty orney
~~'/,~
Michael C. Ireland, Chair
Ordinance No. 4, Series 2008.
Page 9