HomeMy WebLinkAboutordinance.council.017-05ORDINANCE NO. 17
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.515 - OFF-
STREET PARKING AND SECTION 26.104.100 - DEFINITIONS OF THE CITY
OF ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Director of the Community Development Department to
propose amendments to the Land Use Code, part of the City of Aspen Municipal Code,
related to the Infill Report, a report developed by a city-commissioned advisory group,
the Infill Advisory Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the Infill Program is to implement action items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a
report commissioned by the City of Aspen in 2000), recommendations of the Infill Report
(a report produced by the Infill Advisory Group in January, 2002), and the
Recommendations of the Economic Sustainability Committee (a joint project between the
City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute
Community Forum concluded in September, 2002) that call for:
· intensification of land uses within the traditional townsite.
· focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city.
· retention of existing commercial and lodging uses.
· increased vitality of the downtown retail environment.
· rejuvenation of aging commercial properties.
· development of mixed-use buildings with housing opportunities for locals.
· development of affordable housing in locations supported by the "Interim Aspen
Area Housing Plan Guidelines" (incorporated as part 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 thc community and the resort aspects of Aspen.
· sustainability of the local social and economic conditions.
Ordinance No. 17, Series 2005
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 Section of the Land
Use Code, Title 26 of the Aspen Municipal Code:
26.515 - Off-SWeet Parking
26.104.100 - Definitions; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of
the proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on
September 3, 2002, continued to September 17, 2002, continued to September 24, 2002,
continued to October 1, 2002, continued to October 8, 2002, continued to October 15,
2002, continued to October 22, 2002, continued to October 29, 2002, continued to
November 5, 2002, continued to November 12, 2002, continued to November 19, 2002,
continued to November 26, 2002, continued to December 10, 2002, and continued to
December 17, 2002, took and considered public testimony at each of the aforementioned
hearing dates and the recommendation of the Community Development Director and
recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments
to the land use code by amending the text of the above noted Chapters and Sections of the
Land Use Code; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.515, Off-Street Parking, which Chapter describes requirements for the
provision of off-street parking associated with development, shall read as follows:
Ordinance No. 17, Series 2005
Page 2
Chapter 26.515
OFF-STREET PARKING
Sections:
26.515.010 General provisions.
26.515.020 Characteristics of off-street parking spaces
26.515.030 Required number of off-street parking spaces.
26.515.040 Special review standards.
26.515.050 Cash-in-Lieu for mobility enhancements
26.515.010 General provisions.
General requirements. All development shall be provided with off-sWeet parking
as provided in this Chapter.
B. Requirements for expansion/redevelopment of existing developmen~ No
development shall reduce the number of existing off-street parking spaces below the
minimum number of existing spaces required herein for that development, unless
expressly exempted by this Chapter. If existing development is expanded, additional off-
street parking spaces shall be provided for that increment of the expansion as if it is a
separate development. An existing deficit of parking may be maintained when a property
is redeveloped.
C. Off-street parking calculation. All requirements for off-street parking for
residential dwellings and lodges shall be calculated based on the number of units.
Requirements for off-street parking for commercial uses shall be calculated based on the
net leasable area of the structure or use. Requirements for all other land uses not
considered residential, lodging, or commercial shall be established by Special Review.
D. Required number of spaces when fractional spaces computetL When any
calculation of off-street parking results in a required fractional space, said fractional
space may be paid through a cash-in-lieu payment or an entire space may be provided on
the site.
E. Commercial Parking Facilities. When a parking facility is proposed to function
as a Commercial Parking Facility, as such terms are used herein, review and approval
shall be according to Section 26.430 - Special Review - and the review standards of
Section 26.515.040 - Special Review Standards. Development of such a facility may
also require Conditional Use Review in some zone districts. Also see definition of
Commercial Parking Facility, Section 26.104.100.
Ordinance No. 17, Series 2005
Page 3
26.515.020 Characteristics of off-street parking spaces.
.4. General. Each off-street parking space shall consist of an open area measuring
eight and one-half (8 1/2) feet wide by eighteen (18) feet long and seven (7) feet high
with a maximum slope of twelve (12) percent in any one direction. Each parking space,
except those provided for detached residential dwellings and duplex dwellings, shall have
an unobstructed access to a street or alley. Off-street parking provided for multi-family
dwellings which do not share a common parking area may be exempted from the
unobstructed access requirement subject to special review pursuant to Chapter 26.430 and
the standards set forth at Section 26.515.040, below. Off-street parking must be paved
with all weather surfacing or be covered with gravel. For residential development, a
grass-ting or grass-paver type surface may be used. All parking shall be maintained in a
usable condition at all times.
B. Location of off-street parking. Off-street parking shall be located on the same
parcel as the principal use or an adjacent parcel under the same ownership as the lot
occupied by the principal use. For all uses, parking shall be accessed from an alley or
secondary road, where one exists unless otherwise established according to this Chapter.
C. Detached and duplex residential dwelling parking. Off-street parking provided
for detached residential dwellings and duplex dwellings are not required to have
unobstructed access to a street or alley, but shall not block access of emergency apparatus
to the property or to structures located on the property. This allows for "stacking" of
vehicles where one vehicle is parked directly behind another.
D. State Highway 82 off-street parking. All parking required for uses fronting State
Highway 82 shall, if an alley exists, be provided access offthe alley and shall not enter or
exit from or onto State Highway 82.
E. Restrictions on use of off-street parking areas. No off-street parking area shall
be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials
or supplies, nor shall any such activity adjacent to off-street parking spaces obstruct
required access to off-street parking areas. Parking spaces shall be used for the parking
of vehicles and shall not be used for non-auto related uses such as storage units or trash
containers. Parking spaces may only be used as a Commercial Parking Facility if
approved for such use. See Section 26.515.010(E) and the definition of Commercial
Parking Facility, Section 26.104.100. Commercial Parking Facilities shall require special
review approval and may also require conditional use approval in some zone districts.
F. Surface Parking. Surface parking is prohibited or requires conditional use
review as a principal use of a lot or parcel in some zone districts. For surface parking of
eight (8) or more spaces, parking areas shall include one (1) tree with a planter area of
twenty (20) square feet for each four (4) parking spaces. Planter areas may be combined,
but shall be proximate to the parking spaces. The Planning and Zoning Commission may
waive or modify this requirement on a per case basis. Parking within structures is exempt
from this landscaping provision.
Ordinance No. 17, Series 2005
Page 4
G. Restrictions on drainage, grading and traffic impac~ Off-street parking spaces
shall be graded to insure drainage does not create any flooding or water quality problems
and shall be provided with entrances and exits so as to minimize traffic congestion and
traffic hazards.
H. Restrictions on lighting. Lighting facilities for off-street parking spaces, if
provided, shall be arranged and shielded so that lights neither unreasonably disturb
occupants of adjacent residential dwellings or interfere with driver vision. All outdoor
lighting shall comply with the Outdoor Lighting Regulations, Section 26.575.150.
26.515.030 Required number of off-street parking spaces.
Off-street parking spaces shall be provided for each use according to the schedule, below.
Whenever the off-street parking is subject to establishment by adoption of a Planned Unit
Development Final Development Plan, that review shall be pursuant to Section 26.445,
Planned Unit Development. Whenever the parking requirement shall be established
through a Special Review, the standards and procedures set forth at Section 26.515.040,
below, shall apply. Whenever the parking requirement may be provided via a payment in
lieu the standards and procedures set forth at Section 26.515.050, below, shall apply. An
existing deficit of parking may be maintained when a property is redeveloped.
Use: Aspen Infill Area: All Other Areas:
Commercial: One space per 1,000 net leasable Three spaces per 1,000 net
square feet of commercial space, leasable square feet of
100% may be provided through a commercial space.
payment-in-lieu.
Residential- Lesser of one space per bedroom or Lesser of one space per
Single-Family and two spaces per unit. Fewer spaces bedroom or two spaces per
Duplex: may be approved, pursuant to unit.
Section 26.430, Special Review and
according to the review criteria of
Section 26.515.040.
Residential- One space per unit. Fewer spaces One space per unit. Fewer
Accessory Dwelling Units may be approved, pursuant to spaces may be approved,
and Carriage Houses: Section 26.520, Accessory Dwelling pursuant to Section 26.520,
Units and Carriage Houses. Accessory Dwelling Units and
Carriage Houses.
Ordinance No. 17, Series 2005
Page 5
Use: Aspen Infill Area: All Other Areas:
Residential- One space per unit. Fewer spaces Lesser of one space per
Multi-Family (as a single may be approved, pursuant to bedroom or two spaces per
use): Section 26.430, Special Review and unit.
according to the review criteria of
Section 26.515.040.
Residential- One space per unit. 100% may be One space per unit. Fewer
Multi-Family within a provided through a payment-in-lieu, spaces may be approved,
mixed-use building: No requirement for residential units pursuant to Section 26.430,
in the CC and C1 Zone Districts. Special Review and according
to the review criteria of
Section 26.515.040.
Hotel/Lodge: .5 spaces per unit. Fewer spaces may .7 spaces per unit. Fewer
be approved, pursuant to Section spaces may be approved,
26.430, Special Review and pursuant to Section 26.430,
according to the review criteria of Special Review and according
Section26.515.040. No requirement to the review criteria of
for lodging units in the CC and C1 Section26.515.040.
Zone Districts.
Ail Other Uses: (civic, Established by Special Review Established by Special
cultural, public uses, according to the review criteria of Review according to the
essential public facilities, Section26.515.040. review criteria of Section
child care centers, etc.) 26.515.040.
For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures,
fewer spaces may be provided and/or a waiver of cash-in-lieu fees may be approved,
pursuant to Section 26.430, Special Review and according to the review criteria set forth
below.
For lodging projects with flexible unit configurations, also known as "lock-off units",
each separate "key", or rentable division, shall constitute a unit for the purposes of this
section.
For projects with parking requirements in multiple categories (residential, commercial,
lodging, or other), the provision of on-site parking may be approved to satisfy the
requirements for each use concurrently pursuant to Section 26.430, Special Review and
according to the review criteria set forth below. (For example: A project comprised of
commercial use requiting 5 parking spaces and lodging use requiring 5 parking spaces
may be approved to provide less than 10 total parking spaces.) This shall not apply to
parking which is provided through a payment-in-lieu.
Ordinance No. 17, Series 2005
Page 6
26.515.040 Special Review Standards.
Whenever the off-street parking requirements of a proposed development are subject to
Special Review, an application shall be processed as a Special Review in accordance with
the Common Development Review Procedure set forth in Section 26.304, and be
evaluated according to the following standards. Review is by the Planning and Zoning
Commission.
If the project requires review by the Historic Preservation Commission and the
Community Development Director has authorized consolidation pursuant to Section
26.304.060.B, the Historic Preservation Commission shall approve, approve with
conditions, or disapprove the Special Review application.
A. A Special Review for establishing, varying, or waiving off-street parking
requirements may be approved, approved with conditions, or denied based on
conformance with the following criteria:
The parking needs of the residents, customers, guests, and employees of the
project have been met, taking into account potential uses of the parcel, the
projected traffic generation of the project, any shared parking opportunities,
expected schedule of parking demands, the projected impacts onto the on-street
parking of the neighborhood, the proximity to mass transit routes and the
downtown area, and any special services, such as vans, provided for residents,
guests and employees.
2. An on-site parking solution meeting the requirement is practically difficult or
results in an undesirable development scenario.
3. Existing or planned on-site or off-site parking facilities adequately serve the needs
of the development, including the availability of street parking.
B. A Special Review to permit a Commercial Parking Facility may be approved,
approved with conditions, or denied based on conformance with the following criteria:
1. The location, design, and operating characteristics of the facility are consistent
with the Aspen Area Community Plan.
2. The project has obtained growth management approvals or is concurrently being
considered for growth management approvals.
3. The location, capacity, and operating characteristics, including affects of
operating hours, lighting, ventilation noises, etc., of the facility are compatible
with the existing land uses in the surrounding area.
4. Access to the facility is from an acceptable location that minimizes staging
problems, conflicts with pedestrian flow, conflicts with service delivery, and
elimination of on-street parking.
5. The proposed style of operation is appropriate (manned booth, key cards, etc.).
6. The massing, scale, and exterior aesthetics of the building or parking lot is
compatible with the immediate context in which it is proposed.
Ordinance No. 17, Series 2005
Page 7
7. Where appropriate, commercial uses are incorporated into the exterior of the
facility's ground floor to mimic conventional development in that zone district.
26.515.050 Cash=In-Lieu for Mobility Enhancements
General. The City of Aspen conducted a parking facility analysis in the fall of
2001 and determined the costs associated with developing new parking facilities to serve
the demands of development. While not all potential facilities represented the same
potential expenditure, facilities considered likely to be developed by the City of Aspen
required an expected $25,000 to $40,000 per space to develop in 2001 dollars.
Parking serving commercial and mixed-use development is a public amenity and serves
the mobility of the general population. As such, the mobility needs of the general
population can be improved through various means other than the provision of on-site
parking spaces.
B. Cash-in-lieu. A cash-in-lieu payment, for those types of development authorized to
provide parking via cash-in-lieu, may be accepted by the Community Development
Director to satisfy the off-street parking requirement as long as the following standards
are met:
1. Amount. In developments, where the off-street parking requirement may
be provided via a payment in lieu, the applicant shall make a one-time only
payment to the city, in the amount of thirty thousand dollars ($30,000.00) per
space. A pro-rated payment shall be made when a portion ora space is required.
2. Time of payment. The payment-in-lieu of parking shall be due and
payable at the time of issuance of a building permit. All funds shall be collected
by the Community Development Director and transferred to the Finance Director
for deposit in a separate interest bearing account.
3. Use of Funds. Monies in the account shall be used solely for the
construction of a parking facility, transportation improvements including vehicles
or station improvements, transportation demand management facilities or
programs, shared automobiles or programs, and similar transportation- or
mobility-related facilities or programs as determined appropriate by the City of
Aspen.
4. Refunds. Fees collected pursuant to this section may be returned to the
then present owner of the property for which a fee was paid, including any
interest earned, if the fees have not been spent within seven (7) years fi-om the
date fees were paid, unless the Council shall have earmarked the funds for
expenditure on a specific project, in which case the time period shall be extended
by up to three (3) more years. To obtain a refund, the present owner must submit a
Ordinance No. 17, Series 2005
Page 8
petition to the Finance Director within one year following the end of the seventh
(7th) year fxom the date payment was received by the City of Aspen.
For the purpose of this section, payments collected shall be deemed spent on the
basis of the first payment in shall be the first payment out. Any payment made for
a project for which a building permit is revoked or cancelled, prior to
construction, may be refunded if a petition for refund is submitted to the Finance
Director within three (3) months of the date of the revocation or cancellation of
the building permit. All petitions shall be accompanied by a notarized, sworn
statement that the petitioner is the current owner of the property, that the
development shall not commence without full compliance with this Chapter, and
by a copy of the dated receipt issued for payment of the fee.
5. Periodic Review of Rate. In order to insure that the payment-in-lien rate is
fair and represents current cost levels, it shall be reviewed periodically. Any
necessary amendments to this section shall be initiated pursuant to section
26.310.020, Procedure for Text Amendment.
Section 2:
Section 26.104.100 - Definitions, which Section defines terms used in the City of Aspen
Land Use Code, shall be amended to include the following term and definition:
Commercial Parking Facility: The use of a parcel or structure for the short-
term parking of automobiles as an independent commercial venture. Lease
periods of less than one month shall constitute short-term parking and shall be
considered Commercial Parking Facilities. Leasing of off-street parking spaces to
tenants, guests, patrons, or the general public for periods of one month or more
shall not constitute a Commercial Parking Facility. When the use of off-street
parking spaces by tenants, guests, patrons, or the general public, is accessory to an
on-site business or operation and is not an independent commercial venture, the
parking shall not be considered a Commercial Parking Facility. Commercial
Parking Facilities may require conditional use approval or special review approval
in some zone districts. Public parking facilities owned by a public agency shall
be considered "public uses."
Section 3:
This Ordinance shall not affect any existing htigation 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 separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Ordinance No. 17, Series 2005
Page 9
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 Pitldn County Clerk and Recorder.
Section 6:
A public hearing on the Ordinance shall be held on the 28th 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.
Section 7:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14th day of March, 2005.
Attest:
FINALLY, adopted, passed and approved this 28m day of March, 2005.
Attest:
Approved as to form:
tto, y'-
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Ordinance No. 17, Series 2005
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