HomeMy WebLinkAboutordinance.council.025-12 ORDINANCE No. 25
(Series of 2012)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO
THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE
CODE OF THE CITY OF ASPEN MUNICIPAL CODE:
26.710.140—COMMERCIAL CORE (CC); 26.710.150—COMMERCIAL (C-1);
26.710.200(B)(1)—COMMERCIAL LODGE (CL), PERMITTED USES, USES
ALLOWED IN BASEMENT AND GROUND FLOORS; 26.575.020(F)(4)(E)—
MEASURING BUILDING HEIGHTS,ALLOWED EXCEPTIONS TO HEIGHT
LIMITATIONS, MECHANICAL EQUIPMENT.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community Development
Department to explore code amendments related to the allowed heights and land uses in the
downtown; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach, including three small group meetings, an Open City Hall
Forum, an on-line survey, and individual letters from members of the public, to gain feedback
from the community on potential code changes to the CC and C-1 zone districts; and,
WHEREAS, the more than 200 individuals were engaged in the Public Outreach
process; and,
WHEREAS, during a duly noticed public hearing on August 27, 2012, the City Council
approved a Policy Resolution, Resolution 82, Series of 2012, directing staff to process code
amendments related to heights and land uses in the downtown, by a three - two (3 - 2) vote; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Sections 26.710.140 — Commercial
Core (CC); 26.710.150 — Commercial (C-1); 26.710.200(B)(1) — Commercial Lodge (CL),
Permitted Uses, Uses allowed in basement and ground floors; 26.575.020(F)(4)(e) — Measuring
Building Heights, Allowed Exceptions to Height Limitations, Mechanical Equipment; and,
WHEREAS,the Aspen City Council has reviewed the proposed code amendments ad finds
that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
City Council Ord#25 of 2012
Downtown Zoning Code Amendments
Page 1 of 8
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: 26.710.140—Commercial Core (CC), shall be amended as follows:
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 short term vacation rental 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. Lodging uses, only
when the entire building is dedicated to lodging and associated commercial use.
2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building
elements necessary and incidental to uses on other floors. Lodging uses, only when the
entire building is dedicated to lodging and associated commercial use. Office uses are
prohibited on the ground floor except within spaces set back a minimum of forty (40) feet
from a street and recessed behind the front-most street-facing fagade. This prohibition
shall not apply to split-level buildings (see definition) or properties north of Main Street.
Parking shall not be allowed as the sole use of the ground floor. Automobile drive-
through service is prohibited.
3. Uses allowed on second floors: Retail and restaurant uses, office uses, lodging, timeshare
lodge, affordable multi-family housing, home occupations, and vacation rentals in new
residential units and any residential unit established prior to the adoption of Ordinance
25, 2012.
4. Uses allowed on basement ground and second floors: 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, and farmers' market,
provided that a vending agreement is obtained pursuant to Section 15.04.350(B).
5. Uses allowed on third floors: Lodging and associated commercial uses, only when the
entire building is dedicated to lodging and associated commercial uses, and vacation
rentals in residential units established prior to the adoption of Ordinance 25, 2012.
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:
City Council Ord#25 of 2012
Downtown Zoning Code Amendments
Page 2 of 8
1. Gasoline service station.
2. Commercial parking facility, pursuant to Chapter 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial Core (CC) Zone District:
1. Minimum Gross Lot Area(square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard 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 feet):
a. For properties located on the south side of a Street:
i. Twenty-Eight (28) feet for two story elements of a building.
b. For properties located on the north side of a Street:
i. Twenty-Eight (28) feet for two story elements of a building.
ii. Thirty-eight (38) feet for three-story elements of a building, which may be
increased to forty (40) feet through commercial design review. See
Chapter 26.412 and the Commercial, Lodging and Historic District
Design Objectives and Guidelines.
a) Achieving the maximum height is subject to compliance with
applicable design standards, view plane requirements, public
amenity requirements and other dimensional standards.
Accordingly, the maximum height is not an entitlement and is not
achievable in all situations.
b) The footprint of all third story conditioned space shall not exceed
50% of the gross parcel square footage. The location of the third
story is subject to review and compliance with Chapter 26.412 and
the Commercial, Lodging and Historic District Design Objectives
and Guidelines. City Council may approve third story conditioned
space that exceeds this footprint limitation if the proposed
development is compatible with the community character and is in
harmony with the public interest.
9. Minimum floor heights:
City Council Ord#25 of 2012
Downtown Zoning Code Amendments
Page 3 of 8
a. Minimum First Floor to Second Floor floor-to-floor: Thirteen(13) feet.
b. Minimum Upper Floor-to-ceiling height: Nine (9) feet.
c. Floor-to-Ceiling heights in upper floors shall be less than the floor-to-ceiling
height of the first floor.
10. Minimum distance between buildings on the lot (feet): No requirement.
11. Public amenity space: Pursuant to Section 26.575.030.
12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a
total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to
compliance with applicable design standards, view plane requirements, public amenity
requirements and other dimensional standards. Accordingly, the maximum FAR is not an
entitlement and is not achievable in all situations.
a. Commercial uses: 2:1.
b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child
care center and similar uses: 2.75:1.
c. Affordable multi family housing: No limitation.
d. Lodging: 0.5:1, which may be increased to 2.5:1 if the individual lodge units on
the parcel average five hundred (500) net livable square feet or less, which may
be comprised of lock-off units.
14. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off
units, this maximum shall apply to the largest possible combination of units.
15. Commercial/residential ratio: The total residential net livable area shall be no greater
than the total above-grade floor area associated with the uses described in Subparagraphs
26.710.140.D.12.a. and b. combined on the same parcel.
Section 2: 26.710.150—Commercial (C-1), shall be amended as follows:
A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the
establishment of mixed-use buildings with commercial uses on the ground floor, opportunities
for affordable multi-family residential density, and to support vacation rentals of residential
dwelling units. A transition between the commercial core and surrounding residential
neighborhoods has been implemented through a slight reduction in allowable floor area as
compared to the commercial core, the ability to occupy the ground floor with offices, and a
separate chapter in the commercial design guidelines
B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1)
Zone District:
1. Uses allowed on basement ground and second floors: Retail and restaurant uses,
neighborhood commercial uses, service uses, lodging uses, office uses, arts, cultural and
civic uses, public uses, recreational uses, academic uses, child care center, bed and
City Council Ord#25 of 2012
Downtown Zoning Code Amendments
Page 4 of 8
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 that 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. Automobile drive-through service is prohibited.
2. Uses allowed on second floors: Lodging, affordable multi-family housing, home
occupations, and vacation rentals in new residential units and any residential unit
established prior to the adoption of Ordinance 25, 2012.
3. Uses allowed on third floors: Lodging and associated commercial uses, only when the
entire building is dedicated to lodging and associated commercial uses, and vacation
rentals in residential units established prior to the adoption of Ordinance 25, 2012.
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. Affordable 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 Commercial (C-1) Zone District:
1. Minimum Gross Lot Area(square feet):
a. Bed and breakfast: 3,000.
b. All other uses: No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
3. Minimum lot width (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
4. Minimum front yard setback(feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
5. Minimum side yard setback (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
City Council Ord#25 of 2012
Downtown Zoning Code Amendments
Page 5 of 8
6. Minimum rear yard setback (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060.
8. Maximum height:
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses:
i. For properties located on the south side of a Street:
1. Twenty-Eight (28) feet for two story elements of a building.
ii. For properties located on the north side of a Street:
1. Twenty-Eight (28) feet for two-story elements of a building.
Thirty-six (36) feet for three-story elements of a building, which
may be increased to thirty-eight (38) feet through commercial
design review. See Chapter 26.412 and the Commercial, Lodging
and Historic District Design Objectives and Guidelines.
2. Achieving the maximum height is subject to compliance with
applicable design standards, view plane requirements, public
amenity requirements and other dimensional standards.
Accordingly, the maximum height is not an entitlement and is not
achievable in all situations.
3. The footprint of all third story conditioned space shall not exceed
50% of the gross parcel square footage. Tb- location of the third
story is subject to review and compliance v ",apter 26.412 and
the Commercial, Lodging and Historic T .'n Objectives
and Guidelines. City Council may app, -ditioned
space that exceeds this footprint ,)sed
development is compatible with the
harmony with the public interest.
9. Minimum floor heights:
a. Minimum First Floor to Second Floor floor-to
b. Minimum Upper Floor-to-ceiling height: N'
c. Floor-to-Ceiling heights in upper floors s'
of the first floor.
10. Minimum distance between buildings on the lot(1.
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
11. Public amenity pace: Pursuant to Section 26.575.030.
City Council 01, .)f 2012
Downtown Zoning Code Amzndments
Page 6of8
12. Floor area ratio (FAR) The following FAR schedule applies to uses cumulatively up to a
total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to
compliance with applicable design standards, view plane requirements, public amenity
requirements and other dimensional standards. Accordingly, the maximum FAR is not an
entitlement and is not achievable in all situations.
a. Commercial uses: 1.5:1.
b. Arts, cultural and civic uses,public uses, recreational uses, academic uses, child care
center and similar uses: 2.5:1.
c. Affordable multi family housing: No limitation.
d. Lodging: .5:1, which may be increased to 2:1 if the individual lodge units on the
parcel average five hundred (500) net livable square feet or less, which may be
comprised of lock-off units.
e. Bed and breakfast (as the sole use of parcel and not cumulative with other uses):
Eighty percent (80%) of allowable floor area of a same-sized lot located in the R-6
Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not
permit additional FAR for single-family or duplex development.
13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off
units, this maximum shall apply to the largest possible combination of units.
Commercial/residential ratio: The total residential net livable area shall be no greater than the
total above-grade floor area associated with the uses described in Subparagraphs
26.710.150.D.12.a. and b. combined on the same parcel.
Section 3: 26.710.200(B)(1) — Commercial Lodge (CL), Permitted Uses, Uses allowed in
basement and ground floors, shall be amended as follows:
B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge (CL)
Zone District:
1. Uses allowed in basement and ground floors: Lodging uses, conference facilities, retail
and restaurant uses, office uses, neighborhood commercial uses, service uses, arts,
cultural and civic uses, public uses, recreational uses, academic uses, and child care
center. Uses and facilities necessary and incidental to uses on Upper Floors. Parking
shall not be allowed as the sole use of the ground floor. Automobile drive-through service
is prohibited.
Section 4: 26.575.020(F)(4)(e) — Measuring Building Heights, Allowed Exceptions to Height
Limitations, Mechanical Equipment, shall be amended as follows:
e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and
similar mechanical equipment or utility apparatus located on top of a building
may extend up to six (6) feet above height of the building at the point the
equipment is attached. This allowance is inclusive of any pad the equipment is
City Council Ord#25 of 2012
Downtown Zoning Code Amendments
Page 7 of 8
placed on, as well as any screening. Mechanical equipment shall be screened,
combined, and co-located to the greatest extent practicable. On structures other
than a single-family or duplex residential building or an accessory building, all
mechanical equipment shall be set back from any Street facing fagade of the
building a minimum of fifteen (15) feet.
Section 5: Effect Upon Existing Litigation.
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 6: Severability.
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 7: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty(30) days following final passage.
Section 8•
A public hearing on this ordinance shall be held on the 26h day of November, 2012, at a meeting of
the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 12th day of November,2012.
Attes :
a7
Kathryn S. 10ch, City Clerk Michael C. Ireland,Mayor
FINALLY, adopted,passed and approved this 14th day of January,2013.
Attest:
a -L 01 3
//'K'athryn S och, City Clerk Michael C. Ireland,Mayor
Approved as to form:
Z orney
City Council Ord #25 of 2012
Downtown Zoning Code Amendments
Page 8 of 8
Ad Name: 8585411 A LEGAL NOTICE
t J
Aspen ORDINANCE#25,2012 PUBLIC HEARING C
Customer: As LEGALS Ordinance#25,Series of 2012,was adopted on / /
p ) City QI first reading at the City Council meeting November
12,2012. This ordinance,if adopted,will approve
Your account number: 1013028 a landuse code amendment regarding the CC and
C-1 zone,the objective is to ensure new develop-
ment in those zones respects the historic charac-
ter and development pattern and encouraged con-
tinued vitality. The public hearing on this
ordinance is scheduled for November 26,2012 at 5
PM,City hall,130 South Galena.
To see the entire text,go to the city's legal notice
website
httD://www.aspenpitkin.com/Departments/Cierk/
Legal-Notices/
T21 A:?S1 TIM:1 If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
Published in the Aspen Times Weekly on Novem-
STATE OF COLORADO, ber 15,2012. [8585411]
COUNTY OF PITKIN
Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado,and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
,published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 11/15/2012 and that the last publication of
said notice was in the issue of said newspaper dated
11/15/2012.
In witness whereof,I have here unto set my hand
this 12/06/2012.
<_ t
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
,this 12/06/2012.
Mary E.Borkenhagen,Notary Public
Commission expires:September 12,2015
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