HomeMy WebLinkAboutordinance.council.051-01 ORDINANCE NO. 51
(SERIES OF 2001)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING
SECTION 26.470.070, EXEMPTION FROM THE GROWTH MANAGEMENT
QUOTA SYSTEM, AND SECTION 26~590.010, TIMSEHARE, OF THE LAND
USE CODE, CITY OF ASPEN, PITI{IN COUNTY, COLORADOI
WHEREAS, the Community Development Department received an application
from Grand Aspen Lodging, LLC C/o Four Peaks Development, LLC to amend the text of
the Land Use Code and as contemplated in the Amended Conceptual Planned Unit
Development approval granted pursuant to City Council Resolution #01-47; and,
WHEREAS, the proposed amendments relate to the authority of City Council to
vary review standards for Timeshare regulations in Section 26.590.010 and would add a
conversion process for tourist accommodations reconstruction credits to residential
dwelling units as a Growth Management Quota System exemption in Section 26.470.070.
as both are further described herein; and,
WHEREAS, pursuant to Section 26.310 of the City of Aspen Land Use Code,
after a recommendation by the Community Development Department made during a duly
notice public hearing, and the comments made by the general public, the Planning and
Zoning Commission may recommend to the City Council approval, approval with
conditions, or denial of an application for amending the text of the Land Use Code based
on the criteria that are set forth in said Section; and,
WHEREAS, the Community Development Director reviewed the proposed text
amendments, as described herein, and recommended approval; and,
WHEREAS, during a regular meeting on November 13th, continued to December
4th, 2001, the Planning and Zoning Commission, via Resolution No. 46, Series 2001, by a
five to zero (5 - 0) vote, recommended City Council amend the text of the Land Use
Code, as described herein; and
WHEREAS, the Aspen City Council has reviewed and considered the proposed text
amendments under the applicable provisions of the Municipal Code, as identified in Section
26.310, has reviewed and considered the recommendations made by 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 Land Use Code text
amendments meet or exceed all applicable review standards and that the approval of the text
amendments is consistent with the goals and elements of the Aspen Area Community Plan;
and
WHEREAS, the City Council fmds that this Ordinance furthers and is necessary for
public health, safety, and welfare.
NOW, THEREFORE~ BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1:
Section 26.470.070, which defines the types of development that may be exempted from
the scoring and competition procedures of growth management, is hereby amended to
include a new section to read as follows:
O. Conversion of lodge reconstruction credits to residential dwelling units. The
conversion of reconstruction credits derived from the demolition of tourist
accommodation units pursuant to Section 26.470.070(A)(2) to residential
dwelling units shall be exempt from the growth management competition and
scoring procedures. This exemption is deducted from the Aspen Metro Area
development ceilings established pursuant to Section 26.470.030. Exemption
review is by City Council. This exemption shall only be granted if the following
standards are met:
1. Demolished tourist accommodation units shall be converted to residential
dwelling units at the rate of 0.34 residential dwelling units per each one
tourist accommodations unit;
2. Residential dwelling units obtained pursuant to this exemption shall only
be developed in those zone districts in which residential units are a
permitted use;
3. Development of the residential dwelling units shall be limited to the same
parcel from which the reconstruction credits were derived, on a
contiguous parcel owned by the applicant, or within a Planned Unit
Development approved pursuant to Section 26.445;
4. Employee housing or cash-in-lieu thereof shall be provided to mitigate for
additional employees generated by the development of the residential
dwelling units;
5. The proposed development is compatible with the character of the existing
land uses in the surrounding area and the purpose of the underlying zone
district;
6. Adequate parking and public facilities exist or can be provided for the
development; and,
7. The proposed development is consistent with the Aspen Area Community
Plan.
Section 2:
Section 26.590.0t0, which defines zone districts in which timeshare shall be permitted,
review standards applicable to all timeshare projects, contents of a timeshare application,
review procedures, city licensing and sales tax, and remedies is hereby amended to
include a new subsection 26.590.010(D). Existing subsections D, E, F, and G shall be
renumbered E, F, G, and H respectively. The new subsection 26.590.010(D) shall read as
follows:
D. Variations in timeshare standards. Variations in the review standards and
criteria contained in Section 26.590.010(C) may be permitted subject to the
approval of the City Council. An applicant requesting a variation in a review
standard shall demonstrate that the standard is inappropriate or otherwise
cannot be met and the reasonableness of the proposed variation. All variations
from the standards and criteria of Section 26.590.010 shall be specified in the
timeshare approval.
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 Ordinance is for any
reason held invalid or unconstitutional in a com-t 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:
A public heating on the Ordinance was held on the 14th day of January, 2002, at 5:00 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 provided by law, by the City
Council of the City of Aspen on thig 17th day of December, 2001.
Attest: ~
Kathryn S.~och, City Clerk
FINALLY, adopted, passed and approved this 28th Day of January, 2002.
Approved as to form:
~hn,~or~e~tor, ~ity P~ttorney