HomeMy WebLinkAboutordinance.council.013-2021 ORDINANCE NO. 13
(SERIES OF 2021)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CITY OF ASPEN
LAND USE CODE CHAPTER 26.470; TO ELIMINATE INCENTIVES AND CREDITS IN
THE AFFORDABLE HOUSING MITIGATION REQUIREMENTS FOR LODGE
DEVELOPMENT.
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 craft code amendments to coordinate the Aspen Area Community Plan (AACP),
the Land Use Code and City Council affordable housing goals; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the City of Aspen conducted public
outreach through various work sessions with Council, and discussions with members of the
development community; and,
WHEREAS,on October 13,2020, City Council passed Policy Resolution#079, Series of
2020, approving initiation of code amendments; and,
WHEREAS, Community Development staff has proposed changes to 26.470.050
Calculations; 46.470.070 Exempt Development; 46.470.100.G Expansion or new lodge
development; with the purpose of eliminating incentives and credits in the affordable housing
mitigation requirements for lodge development; and,
WHEREAS, Community Development staff provided outreach opportunities and held
discussion with the Aspen Pitkin County Housing*Authority and the Planning and Zoning
Commission and received formal recommendation from Planning and Zoning Commission in
Resolution# 03, Series of 2021; and,
WHEREAS,at a regular meeting on May 11,2021,City Council by a four—zero(4-0)vote,
approved Ordinance#013, Series of 2021, approving a Code Amendment to 26.470; and,
WHEREAS,the Aspen 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 THAT:
Section 1: Section 26.470.050 shall be rescinded and adopted as follows:
26.470.050. Calculations.
A. General. Whenever employee housing or fee-in-lieu is required to mitigate for employees
generated by a development, there shall be an analysis and credit for employee generation of the
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Lodge Incentives and Credits
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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. Unless
otherwise exempted by this Chapter,the employee mitigation requirement shall be based upon the
total employee generation of the proposed development. Credits are not given for changes between
the land use categories outlined in Table 1. For instance, a change in use from commercial net
leasable area to free-market residential units does not generate a credit.
B. Employee generation rates. Table 3 establishes the 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.
Table 3, Employee Generation Rates
Employees Generated per 1,000 Square
Zone District Feet o Net Leasable Space
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 commercials ace
Mixed-Use MU 3.6
Service Commercial Industrial S/C/I 3.9
Public' 5.1
Lodge Preservation LP lodge units .3per lodging bedroom
Lodge(L), Commercial Lodge(CL), Ski Base 6 per lodging bedroom
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.
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 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, such that
employee generation is assessed on the configuration with the most number of rentable units.
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Lodge Incentives and Credits
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Timeshare units and exempt timeshare units are considered lodging projects for the purposes of
determining employee generation. Free-market residential units included in a lodge development
and which may be rented to the general public as a lodge unit, shall be counted as a lodge key in
the calculation of employee generation.
A. Employee generation review. All essential public facilities shall be reviewed by the
Planning and Zoning Commission to determine employee generation, pursuant to Section
26.470.1101). In addition, any applicant who believes the employee generation rate is
different than that outlined herein may request an employee generation review with the
Planning and Zoning Commission during a duly noticed public hearing,pursuant to Section
26.304.060.E. In establishing employee generation,the Planning and Zoning Commission
shall consider the following:
1) 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.
2) Any unique employment characteristics of the operation.
3) 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.
4) A proposed restriction requiring full employee generation mitigation upon vacation of
the type of business acceptable to the Planning and Zoning Commission.
5) Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual
employee generation. The requirements of any proposed follow-up analysis shall be
outlined in a Development Agreement,pursuant to Chapter 26.490.
Section 2. Section 26.470.050.G-K shall be rescinded and adopted as follows:
26.470.070 Exempt development.
The following types of development shall be exempt from the provisions of this Chapter.
Development exempt from growth management shall not be considered exempt from other
chapters of the Land Use Code. Where applicable, exemptions are cumulative.
G. Special events. Special events permitted by the City shall be exempt from this Chapter.
H. Accessory dwelling units and carriage houses_ The development of accessory dwelling units
(ADUs)and carriage houses shall be exempt from the provisions of this Chapter but subject to the
provisions of Chapter 26.520, Accessory Dwelling Units and Carriage Houses.
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Lodge Incentives and Credits
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I. Retractable canopies and trellis structures. Trellis structures and retractable canopies
appended to a commercial or lodging structure shall be exempt from growth management provided
that: a) there is no expansion of floor area; and b) the canopy or trellis structure is not enclosed
by walls, screens,windows or other enclosures. Awnings shall be exempt from this Chapter.
J. Public infrastructure. The development of public infrastructure such as roads, bridges,
waterways, utilities and associated poles, wires, conduits, drains, hydrants and similar items
considered essential services shall be exempt from growth management. Essential public
facilities shall not be exempt and shall be reviewed pursuant to Section 26.470.110.1),Essential
public facilities. (Also see definition of essential services, Section 26.104.100)
(Ord.No. 6, 2019, §4)
Section 3: 26.470.080.D.2 shall be rescinded and adopted as follows:
2) For lodge development, sixty-five percent (65%) of the employees generated by the
additional lodge pillows, according to Section 26.470.050.B, Employee generation rates,
shall be mitigated through the provision of affordable housing. For the redevelopment or
expansion of existing lodge uses, see section 26.470.100.G.
Section 4: 26.470.100.G shall be rescinded and adopted as follows:
26.470.100 Planning and Zoning Commission applications.
G. Expansion or new lodge development. The expansion of an existing lodge, the
redevelopment of existing lodge which meets the definition of demolition, or the development
of a new lodge shall be approved, approved with conditions or denied by the Planning and
Zoning Commission based on the following criteria:
Sixty-five percent (65%) of the employees generated by the lodge, timeshare lodge, exempt
timeshare units, and associated commercial development, according to Paragraph
26.470.050.B, Employee generation, shall be mitigated through the provision of affordable
housing. Free-market residential units included in a lodge development and which may be
rented to the general public as a lodge unit shall be considered lodge units and mitigated
through the provision of affordable housing in accordance with this section. Affordable
housing units provided shall be approved pursuant to Paragraph 26.470.100.D, Affordable
housing.
New or redeveloped Boutique Lodges, or the conversion of lodge, residential or commercial
uses to boutique lodge is subject to the mitigation standards for commercial uses as provided-
for in section 26.470.080.D.1 and 3. ,
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Section 5•
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 6•
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 resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 7•
If any section,subsection,sentence,clause,phrase,or portion of this resolution 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 8•
A public hearing on this ordinance was held on the 1 Ph day of May,2021,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 271h day of April, 2021.
ATTEST:
CGfiGt_
Nicole Henning, City Clerk Torre, Mayor
FINALLY,adopted,passed and approved this 1 Ith day of May,2021.
Torre, Mayor
ATTEST: APPROVED AS TO FORM:
Nicole Henning,City Clerk /James R. True, City Attorney
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Lodge Incentives and Credits
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