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HomeMy WebLinkAboutordinance.council.028a-04ORDINANCE NO. 28a (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 environmem. · 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 pan 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. 28a, 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 bv 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, COLORADOaS follows: .... Ordinance No. 28a, 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 merchandi se 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 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 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. Ordinance No. 28a, Series of 2004. Page 4 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 fagade. 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 C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) zone district, subject to the standards and procedures e~tablished in Chapter 26.425: 1. Gasoline service station. 2. Commercial Parking Facility, pursuant to Section 26.515. to all Dimensional requirements. The following dimensional requirements shall apply permitted and conditional uses in the Commercial Core (CC) zone district: 1. Minimum lot size (square feet): No requirement. 2. Minimum lot area per dwelling unit (square feeO: No requirement. 3. Mimmum lot ~vidth (feet).'. No requirement. 4. Mimmum front pard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Mimmum rear yard setback (feet): No requirement except trash/utility service area shall be required abutting an alley, pursuant to Section 26.575.060. 7. Maximum height (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. Minimum distance between buildings on the lot (feet): No requirement. Pedestrian Amenity Space: Pursuant to Section 26.575.030. 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: 1:1. 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. 9. 10. Ordinance No. 28a, Series of 2004. Page 6 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. Section 4: If any section, sUbsection, sentence, clause, phrase, or portion of this Ordina~nce 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 pr°vided bY lawI by the city Council of the City of Aspen on the 9th day of August, 2004. Attest: FINALLY, adopted,'passed and approved thin'ay of~}_~,"'"2004. Attest: Clerk ~-Ielet~ K.N~nd~rud, MaYor Approved as to form: t tto ey C :\home\infill\Commerc!al\CC_ord.doc Ordinance No. 28a, Series of 2004. Page 7