HomeMy WebLinkAboutordinance.council.032-98 ORDINANCE N0. 32
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL
APPROVING AN AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL
CODE, LAND USE REGULATIONS, SECTION 26.100.050 GMQS
EXEMPTIONS, RELATED TO THE GROWTH MANAGEMENT QUOTA
SYSTEM; AND THE DELETION OF SECTION 26.104.050 LODGE AND
HOTEL PRESERVATION, RELATED TO NONCONFORMING
LODGES AND HOTELS.
WBEREAS, The Community Development Department develop .e~, reviewed and
recommended approval of an amendment to the land use regulations, certain text
amendments to Chapter 26 relating to Section 26.100.050 GMQS Exemptions, related to
the growth management quota system; and Section 26.104.050 Lodge and Hotel
Preservation, related to nonconforming lodges and hotels; and
WHEREAS, pursuant to Section 26.92.030 of the Municipal Code, amendments
to 'Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and
recommended for approval by the Planning Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved with conditions, or
disapproved by the City Council at a public hearing; and
WHEREAS, the Community Development Department reviewed the proposal
and recommended approval; and
WHEREAS, the Planning and Zoning Commission reviewed the application at
its regular meeting on April 21, 1998, at which the Commission approved by a 7-0 vote
an alternative proposed text amendment requiring an ADU as mitigation for the
demolition of a lodge and subsequent change-in-use to free-market residential uses; and
WHEREAS, the Aspen City Council has reviewed and considered the proposed
text amendments, has reviewed and considered those recommendations of the Planning and
Zoning Commission, and has taken and considered public comment at a public hearing;
and,
WHEREAS, the City Council finds that the text amendments as drafted, are
consistent with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that the housing mitigation for free-market
residences should be an ADU as recommended by the Planning and Zoning Commission,
or other mitigation measures that provide additional community benefit, and that this is
appropriate with the intent of Ordinance 29, Series of 1996; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for public health, safety, and welfare.
NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
That Section 26. 100.050D.2.a.(1). "Exemptions"; shall be amended to read as follows:
(1) The Planning and Zoning Commission determines in a public heating that
employee housing or cash-in-lieu will be provided to mitigate for additional employees
generated by the change in use or expansion. This shall include an analysis and credit for
existing employee housing and the incremental impact between the existing use and the
proposed conversion. The demolition of an existing lodge to accommodate the change-in-
use to residential use (other than deed-restricted affordable housing) will require housing
mitigation based on one Accessory Dwelling Unit (ADU) per free-market residence. The
ADUs shall be deed restricted, registered with the housing office, and available for rental
to an eligible working resident of Pitkin County. The owner shall retain the right to select
the renter for the unit. Other mitigation measures that provide greater community benefit
may be proposed if they are recommended by the Housing Board and approved by City
Council. For purposes of this section, a lodge shall be deemed to be demolished if fifty
(50) percent or more of the existing structure as measured by floor area is razed,
disassembled, tom down, or destroyed. The removal of a dwelling unit in a multi-family
building, or its conversion to non-residential use shall also be considered as demolition.
Section 2:
That Section 26.104.050 Lodge and Hotel Preservation be deleted in its entirety.
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
2
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 heating on the Ordinance shall be held on the 281h day of September, 1998 at
5:00 p.m. in 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.
Approved as to form: ~e ent~~
~rney nnett May
Atte: . )/~~ .
~~ity Clerk
FINALLY, adopted, passed and approved thispl4g d~y o 98.
Approved as to form:
City Attorney John Bennett,
Attest. )
~~ City Clerk