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HomeMy WebLinkAboutordinance.council.004-13 ORDINANCE No. 4 (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AN AMENDMENT TO THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE SECTION 26.470.100—GROWTH MANAGEMENT QUOTA SYSTEM - CALCULATIONS. 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 Employee Generation figures and the "double dip" employee mitigation provision in the Growth Management Chapter of the Land Use Code; 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 with City Council regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on January 28, 2013, the City Council approved Resolution No.15, Series of 2013,by a five to zero (5 —0)vote,requesting code amendments to the employee generation figures in the Land Use Code; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on August 27, 2012, the City Council approved Resolution No. 28, Series of 2012, by a three to two (3 —2) vote, requesting code amendments to the "double dip" employee mitigation provision in the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.470.100 — Growth Management Quota System - Calculations; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and 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 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Sec. 26.470.100(A), Growth Management Quota System- Calculations, shall be City Council Ord#4 of 2013 Growth Management Code Amendments Page 1 of 4 amended as follows: A. Employee generation and mitigation. Whenever employee housing or cash-in-lieu is required to mitigate for employees generated by a development, there shall be an analysis and credit for employee generation of the existing project, prior to redevelopment, and an employee generation analysis of the proposed development. The employee mitigation requirement shall be based upon the incremental employee generation difference between the existing development and the proposed development. 1. Employee generation. The following employee generation rates are the result of the Employee Generation Study, an analysis sponsored by the City during the fall and winter of 2012 considering the actual employment requirements of over one hundred (100) Aspen businesses. This study is available at the Community Development Department. Employee generation is quantified as full-time equivalents (FTEs) per one thousand (1,000) square feet of net leasable space or per lodge bedroom. Employees Generated per 1,©00 Square Feet of Net Zone District Leasable S ace Commercial Core (CC) 4.7 Commercial (C-1) Neighborhood Commercial (NC) Commercial Lodge (CL) commercial space Lodge (L) commercial space Lodge Preservation (LP) commercial space Lodge Overlay (LO) commercial space Ski Base (SKI) commercial space Mixed-Use (MU) 3.6 Service Commercial Industrial (S/C/I) 3.9 Public 5.1 Lodge Preservation (LP) lodge units .3 per lodging bedroom Lodge (L), Commercial Lodge (CL), Ski .6 per lodging bedroom Base (SKI) and other zone district lodge units For the Public zone,the study evaluated only office-type public uses, and this number should not be considered typical for other non-office public facilities. Hence, each Essential Public Facility proposal shall be evaluated for actual employee generation. This Employee Generation Rate Schedule shall be used to determine employee generation of projects within the City. Each use within a mixed-use building shall require a separate calculation to be added to the total for the project. For commercial net leasable space within basement or upper floors, the rates quoted above shall be reduced City Council Ord#4 of 2013 Growth Management Code Amendments Page 2 of 4 by twenty-five percent (25%) for the purpose of calculating total employee generation. This reduction shall not apply to lodge units. 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. Timeshare units and exempt timeshare units are considered lodging projects for the purposes of determining employee generation. Applicants may request an employee generation review with the Planning and Zoning Commission, pursuant to Section 26.470.110, Growth management review procedures, and according to the following criteria. All essential public facilities shall be reviewed by the Planning and Zoning Commission to determine employee generation. In establishing employee generation, the Planning and Zoning Commission shall consider the following: a) The expected employee generation of the use considering the employment generation pattern of the use or of a similar use within the City or a similar resort economy. b) Any unique employment characteristics of the operation. c) The extent to which employees of various uses within a mixed-use building or of a related off-site operation will overlap or serve multiple functions. d) A proposed restriction requiring full employee generation mitigation upon vacation of the type of business acceptable to the Planning and Zoning Commission. e) Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual employee generation. f) For lodge projects only: An efficiency or reduction in the number of employees required for the lodging component of the project may, at the discretion of the Commission as a means of incentivizing a lodge project, be applied as a credit towards the mitigation requirement of the free-market residential component of the project. Any approved reduction shall require an audit to determine actual employee generation after two (2) complete years of operation of the lodge. [Sections 2-5 are Not Changed] 6. No combination of multiple affordable housing requirements allowed. Whenever multiple affordable housing mitigation requirements are required, each housing requirement shall be met. For example: A mixed-use project may require two (2) affordable housing units to mitigate an increase in commercial employee generation and two (2) affordable housing units to mitigate free-market residential development. In this case, four (4) affordable housing units are required. Section 2: 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. City Council Ord 44 of 2013 Growth Management Code Amendments Page 3 of 4 Section 3: 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. Sect_ ion 4: 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. Sect= A public hearing on this ordinance shall be held on the 25 ci, day of February, 2013, 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 11th day of February, 2013. Attest: G22 Z- Mayor Kathryn S. c , City Clerk Michael C. Ireland, FINALLY, adopted,passed and approved this 25th day of February,2013. Attest: Kathryn S. Ko , ity Clerk Michael C. Ire a d,Mayor Approved as to form: e ity Attorney City Council Ord#4 of 2013 Growth Management Code Amendments Page 4 of 4 C� z Z-,/ 2 s o LEGAL NOTICE Ad Name: 8899353A ORDINANCE#4,2013 PUBLIC HEARING Ordinance#4,Series of 2013,was adopted on first Customer: Aspen (LEGALS) City of reading at the City Council meeting February 11, �] 0 2013. This ordinance,if adopted will amend the Your account number: 1013028 employee generation figures as address the dou- ble dip provision The public hearing on this ordi- nance is scheduled for February 25,2013,at 5 PM, City hall,130 South Galena. PROOF OF PUBLICATION To see the entire text,go to the city's legal notice website http://www.aspenpitkin.com/Departments/C/erkl Legal-Notices/ If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. T31 A2:1 TIMZI Published in the Aspen Times Weekly on February 14,2013.[8899353] STATE OF COLORADO, COUNTY OF PITKIN I,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 2/21/2013 and that the last publication of said notice was in the issue of said newspaper dated 2/21/2013. In witness whereof,I have here unto set my hand this 03/15/2013. IX i Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 03/15/2013. Mary E.Borkenhagen,Notary Public 1v1,y,,Commission expires:September 12,2015 g�:' pOTgRp l m c 0".. PUBLIC 9j 'NZ O,c C O O`��yP .b oiras