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HomeMy WebLinkAboutcoa.lu.ca.Small Lodge Text.A022-98CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY Small Lodge Text Amendments Julie Ann Woods Text Amendments 9/28/99 Ord. 98-23 Approved 12/27/01 J. Woods Q ✓' IUC, JiLc-e-- q�F-lq - 0 N k P(4),-4,e 0 Vd ',A. OC-O-,-32-;f 4W,,40 �4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: A A`C o Aspen, CO SCHEDULED PUBLIC HEARING DATE: G— 1 , 200 STATE OF COLORADO ) SS. County of Pitkin ) I, C 1 name print) (name, p p nt) 'being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of*notice: - By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof 'materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letteA not less than one inch in height. Said notice was posted at least ten10) days prior to the public hearing and was continuously visible from the day of 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign). is attached hereto. VIailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental n that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) TO: FROM: THRU: RE: . DATE: MEMORANDUM LP Lodge Owners Bob Nevins, Senior City Planner ASPEN PITKIN Stan Causon, Community Development Director COMMUNITY DEVELOPMENT DEPARTMENT Ordinance 32-Small, Lodge Mitigation Code Amendment (2nd Reading) ,1998 Small Lodge Lottery for Change -in -use - 17 August. 1998 Dear LP Lodge Owners: The second and final reading of Ordinance 32-98, Small Lodge Mitigation Code Amendment, is a public hearing scheduled before the Aspen. City Council on Monday, August 24,1998. Attached is a copy of the proposed Ordinance for your review. • The purpose of the proposed Ordinance is threefold: 1. To amend the Land Use Code, Section 26.100.050(D)(2)(a)(1) Exemptions to include the provision that for each new, free-market unit, an Accessory Dwelling Unit (ADU) be required as mitigation for the demolition and subsequent change -in -use to free-market residential uses. 2. To delete in its entirety Section 26.104.050 Lodge and Hotel Preservation of the Code since it conflicts with the adopted Lodge Preservation Ordinance 29-96. 3. To recommend that Council extend the LP Lottery Program for two more years (to year 2000) to allow adequate time for lodge. owners to assess the implications of change -in -use to free-market residences. The 1998 Small Lodge Change -in -use Lottery Applications are to be submitted to the Community Development Department,' 3rd Floor, City Hall by Tuesday, November 3, 1998 at 5 p.m.. The Small Lodge Lottery will be held at a regular meeting of the Aspen Planning and Zoning Commission on Tuesday, November 17, 1998 at 4:30 p.m.. Staff looks forward to having your support at City Council on August 24th and/or receiving your 1998 Charge -in -use application by November 3rd. If you have any questions and/or concerns, please contact Community Development at 920-5090. Sincerely, Bob Nevins Senior City Planner 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5090 • FAx 970.920.5439 Printed on Recycled Paper Barvarian Inn SAVANAH LIMITED PARTNERSHIP BAVARIAN INN 1925 CENTURY PK E STE 1900 LOS ANGELES, CA 90067 Christmas Inn FASCHING BARBARA 232 W MAIN ST ASPEN, CO 81611 Innsbruck Inn COORDES HEINZ E & KAREN V 233 W MAIN ST ASPEN, CO 81611 Molly Gibson Lodge ASPENS MOLLY GIBSON LODGE LLC 101 W MAIN ST ASPEN, CO 81611 -97 3 Mountain House Lodge MOUNTAIN HOUSE PARTNERSHIP C/O WERNING JOHN ROBERT 905 E HOPKINS AVE ASPEN, CO 81611 Alpine Lodge SALITERMAN LARRY 5005 OLD CEDAR LAKE RD ST LOUIS .PK, MN 55416 Nv'-f-L W Sou fli /9'sPth, LLG goo S. +jl.,e," t- i—hristiania Lodge CHRISTIANIA OF ASPEN 501 W MAIN ST ASPEN, CO 81611 Boomerang Lodge BOOMERANG LTD 500 W HOPKINS AVE ASPEN, CO 81611 Ju nt- .. St. Moritz Lodge BEHRENDT H MICHAEL 334 W HYMAN AVE ASPEN, CO 81611 Hearthstone House MORGRIDGE PROPERTIES INC C/0 JOHN & CARRIE MORGRIDGE PO BOX 3279 ASPEN, CO 81612 Bell Mountain Lodge BELL MOUNTAIN LIMITED LIABILITY CO 720 E COOPER AVE ASPEN, CO 81611 Northstar 914 WATERS LLC 408 AABC ASPEN, CO 81611 �xr } Okvvn' As". 3 /� t✓. �ta�� s't Topper Horse RISCOR INC 200 CRESCENT CT STE 1385 DALLAS, TX 75201 Cortina HOTEL JEROME ASSOCIATES L P PARTNERSHIP 330EMAIN ST ASPEN, CO 81611 Shadow Mountain Lodge SHADOW MTN HOMEOWNERS ASSOC C/O COLEMAN CHRIS 232 W HYMAN AVE ASPEN, CO 31611 Snow Queen Lodge SNOW QUEEN LODGE PARTNERSHIP PO BOX 4901 ASPEN, CO 8 16 122 Brass Bed Inn SILVERSTREAM LLP COLORADO LIMITED PARTNERSHIP 307 S MILL ST ASPEN, CO 81611 The Beaumont Inn J & B HOTELS LLC 1301 E COOPER AVE ASPEN, CO 81611 �o �� 104eo;'l W /Ltd% sf r e-nl Ccn d1 C S 14a ?P n / 4P f-e � 4' � r .S k do d3 e � l `il q �' t 6-i b S on TO: THRU: FROM: DATE: RE: 'liit. t 0 Mayor and City Council Amy Margerum, City Manager • Stan Clauson, Director of Community Development f _ Julie Ann Woods, Deputy Director'- May 11, 1998 Text Amendments to Sections '26.100.050 GMQS Exemptions and 26.104.050 Nonconformities--Lodge and Hotel preservation SUMMARY: The Fireside Lodge, located at Cooper and First Streets, was approved for a change -in -use for two (2) four -bedroom and two (2) five -bedroom allotments through the small lodge lottery program. During the approval process, City Council expressed its concern regarding the fact that the Housing Office did not require any mitigation for employee units as part of the change in use process. The analysis presented as part of the staff memo indicated that there was a net reduction in employees from a lodge use to the townhouse use and therefore no mitigation was required. Although City Council gave final approval for the Fireside Lodge project, they indicated to staff that they believed that such a project found a loophole which they felt needed to be plugged. They requested that staff process a text amendment to ensure that subsequent projects would be required to provide affordable housing. Staff has postponed the residential component of the 1998 Small Lodge Conversion Lottery pending resolution of this question. At the Planning & Zoning Commission hearing of April 21, 1998, the Commission recommended an alternate motion to require Accessory Dwelling Units (ADU's) rather than deed -restricted affordable housing. Ordinances based on the initial staff recommendation for 60% affordable housing and, alternately, for ADU's are presented as part of this packet. An additional code change addressing conflicting provisions in the code relating to nonconformaties is also included. The P&Z supported this clarification. BACKGROUND: In 1996, following a long series of forums and meetings with the local lodge owners and their representative, the City Council passed Ordinance 29 which established a small lodge lottery for those lodges zoned LP in the city. As a follow-up to that program, the council in early 1997 subsequently rezoned the LP lodges to the most contiguous underlying zoning, removing the LP zone, but making it an overlay. The following chart indicates the status of conversions and expansions by the small lodges (prior to the most recent action by the P&Z on May 5, 1998) under the Small Lodge Lottery program. Pu01;V I . MA Lodge Name Allocation Change -in -use Allocation still awarded Approval valid?* Brass Bed RC--6 2-bedroom Approved 2/18/97 Yes --Building units Permit issued Bell Mountain RC--3 4-bedroom Application Yes --Pending units received 8/15/97; change -in -use CC--7250 s.f. of pending approval approval and commercial space Building Permit issuance Crestahaus LE--10 additional Change -in -use Yes --Pending (Beaumont) lodge rooms application change -in -use submitted; applicant approval and modifications Building Permit pending issuance Fireside Lodge RC--2 4-bedroom Approved 5/20/97 Yes --Pending units Building Permit 2 5-bedroom issuance units Alpine Lodge LE-4 additional No change -in -use No. Allocation lodge rooms application expired February 6, submitted 1998. KEY: RC=Residential CC=Commercial LE=Lodge conversion conversion expansion *Please note that under Ord. 29 (which exempted these lodges from GMQS scoring and competition), the lodges have nine (9) months following the lottery date to file for a change -in -use approval from the Planning and Zoning Commission. A building permit must also be issued within eighteen (18) months of the lottery date in order to keep the allocations valid. The Planning and Zoning Commission does have the authority to extend these time frames as provided in Section 26.100.050. Based on undeveloped allocations, the following pools will be available for the last lottery in 1998: • 15 Free-market residential units (42 bedrooms) • 33 Lodge expansion units ( the P&Z allocated 7 lodge expansion units on 515198, leaving 26 units at the end of this final lottery) • 8,000 s.f. of office/commercial space 2 PROPOSED ACTION: Staff is requesting that the City Council consider two modifications to the land use code: 1) Chapter 26.100 Growth Management Quota System, specifically Section 26.100.050 Exemptions; and 2) Chapter 26.104 Nonconformities, specifically Section 26.104.050 Lodge and hotel preservation. The first modification clarifies the intent of the City Council that free-market residences resulting from the change in use will be required to provide affordable housing, even if the impacts are less than the lodge use. The basis for this approach is that the AACP recommends that 60% of the working population of the Aspen area be housed with the Aspen area. Moreover, the AACP requires that all new subdivisions required to compete in the growth management process be 60% affordable (Growth Action Plan Action Item 6.c.). Based on this, staff is providing below a suggested code change which requires that any lodge change -in -use provide 60% affordable -housing for the population of the development. Alternately, the Planning & Zoning Commission has recommended that new residential units created under the lodge conversion program should provide ADU's on a one -for -one basis. An alternative motion and text amendment has been provided reflecting the Planning & Zoning Commission recommendation. In either case, the provision of affordable housing or ADU's should be seen as a voluntary act on the part of the applicant/property owner in exchange for the exemption from the standard review procedures and requirements of Growth Management. The second modification addresses the language that previously dealt with nonconforming lodges (which most are) and which should have been modified by Ord. 29 so that conflicts between these two parts of the code are eliminated. PROPOSED REVISIONS: (New text is underlined; old text is stricken). Revision One: Section 26.100.050 Exemptions [GMQS] D. Exemption by City of Aspen Planning and Zoning Commission. 1. General. a. Timing of exemption request. No development shall be considered for an exemption by the Community Development Director until a complete application has been submitted pursuant to section 26.52.070 of this Code. 2. Planning and Zoning Commission exemptions that are deducted from the annual allotment pool or from the metro area development ceilings. The following exemptions shall be deducted from the respective annual development allotment established pursuant to section 26.100.040 or from the metro area development ceilings established pursuant to section 26.100.030. a. Change in use/lodge expansion. A change in use of any existing structure previously zoned LP to either commercial/office or residential use, or the expansion of an existing lodge previously zoned LP shall be exempt from growth management competition and scoring procedures, provided that the following conditions are met: (1) The Planning and Zoning Commission determines in a public hearing 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 60% of the population generated by the free-market residences. For purposes of this section a lodge shall be deemed to be demolished if less than fifty_(50) percent of the existing structure remains in place (2) The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be provided for the change in use or expansion or cash -in - lieu will be used; (3) The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood; (4) The Planning and Zoning Commission determines in a public hearing that adequate public facilities exist or will be provided for the change in use of the existing neighborhood; (5) No zone change is required. (6) The proposal is consistent with the Aspen Area Community Plan. The proposed conversion or expansion will be deducted from the appropriate GMQS Lodge Conversion or Expansion Pool, pursuant to section 26.100.040. lodge. Revision Two: Section 26.104.050 Lodge and Hotel Preservation [Nonconformities] 4 ow mcv-.1ra- MOM li • . • . • t i • • . • . • . • •�• - • "WEE t. t • • • . • • i • : ' i i .Mimi NUM i • • i • • • • • • • • • . •CNIM• • • • _ • • . • • • • • . �, • • • • i i • • JWWWjjWq • • . • • • • • • • • . • • • • i i wounwial • • . • . • • • • • . / • . • gab• • • . - • i i • i i i i • : V : • i Wj MLVALI�Wuz • . • • . • i i • . . • • . • • • • • • • • • • . ' • . ATA : I • — -- Nrm • . • • . • .. • • • PM I Ill . i • • • i • • . • • t. • • • • • Malli • . . Y . • • . • • • • . • . _ • • • • • • • • • • . • • • I • • • • • • • •GMV—LWA%VAWjMNWWsM.IR • • • . • . • • . • WIAL.W� VAIN • • • • . • . • . • • • . • • . • • • . . ••lf •• • • t • • • • . • • • �_ • • _ •_ •R94 . • • • • • • • • • ff Major. • • . _ _ • • 5 rentedthe eity nor- en the . pen market. • . - . ♦ • - ♦ • . . Y . • ♦ . . . - . - . . deed • t t • t • • employee housing • TN t . t • • t rooms • . • - 9 "Ma. ♦ . . . .iew M.-I ♦ . • • STANDARDS OF REVIEW. In reviewing an amendment to the text of the land use code or an amendment to the official zone district map, the city council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. The proposed amendments are not in conflict with any applicable portions of the land use code. The amendments are intended to eliminate the conflicts between two different sections of the code, and to clarify the intent of the city council in requiring housing mitigation for those lodges that convert to free-market residential use. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. The AACP specifically addresses lodges under the commercial/Retail Action Plan. The plan recommends "Revise the Lodge Preservation zone district to allow a range of mitigation and allow for minor expansion with less mitigation required in order to maintain the small lodge inventory in the community." Staff believes that the proposed amendment is consistent with this policy as there is more incentive to expand the lodge use rather than a wholesale demolition and change in use to free-market residential where 60% housing mitigation would specifically be required. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. The proposed amendment is proposed to clarify the intentions of the change -in -use and expansion of the city's small lodges and will not adversely affect surrounding zone districts and land uses. D. The effect of the proposed amendment on traffic generation and road safety. . Though the amendment could result in more affordable housing provided on -site which could generate traffic, it is not likely that such an amendment will result in traffic generation in excess of the original lodge use. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not Z limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Existing lodges eligible to participate in the small lodge lottery are located within the city limits where public facilities and services are present. The proposed amendment could result in the generation of school -aged children which may have an impact on the school district. However, most category units are studios and one -bedroom units which are geared toward single people rather than families. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. The proposed amendment will not have adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. The proposed amendment would strengthen the community character by providing additional housing opportunities for employees within the city of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. The amendment applies to all lodges with an LP overlay. In order to ensure adequate housing for employees who will have a presence in the city's neighborhoods, this amendment should have a positive influence on the surrounding neighborhoods. L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. The proposed amendment would not be in conflict with the public interest, but may be in conflict with the interests of the small lodge owners desiring conversion to free-market residences. PROCEDURE FOR AMENDMENT: A development application for an amendment to the land use code or the official zone district map shall be reviewed and recommended for approval, approval with conditions or disapproval by the commission at a public hearing, and then approved, approved with conditions, or disapproved by the city council at a public hearing. PLANNING AND ZONING COMMISSION RECOMMENDATION: At the Planning and Zoning Commission's hearing on April 21, 1998, the commission recommended an alternative motion which was that if a demolished lodge is converted to free-market residences, that it be required to provide an accessory dwelling unit (ADU) as required mitigation. The proposed new language to Section 26.100.050 GMQS would read as follows: (1) The Planning and Zoning Commission determines in a public hearing 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 be 7 required to provide an accessory dwelling unit (ADU) as required mitigation for each new free-market residence. For purposes of this section, a lodge shall be deemed to be demolished if less than fifty(50) percent'of the existing structure remains in place. The commission further recommended approval of the deletion of Section 26.104.050 Lodge and hotel preservation as it is in direct conflict with Ord. 29, Series of 1996. Finally, the commission also recommended that the small lodge lottery program be extended for a few more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences. The commission did not address whether the ADU would require occupancy as they were informed that an entire revamping of the ADU program was being considered as another subsequent text amendment. RECOMMENDATION: If the City Council feels that it was the intent of the small lodge lottery program to require housing mitigation for free-market residences, even when impacts are less than the existing lodge, then it would be appropriate to approve the text amendments as provided in this staff report and in Ordinance No. L+ . A, Series of 1998. Additionally, the city council could debate the merits of the small lodge lottery program and decide whether the program should be extended for a few more years beyond 1998 in order to evaluate the program with the revised mitigation requirement. With this being the last year for the small lodge lottery program, staff is concerned that the clarifying language regarding mitigation may be too onerous for lodge owners who may have contemplated a free-market residential change -of -use application for this final round, and may feel they have no alternative but to remain a lodge use. If the program was extended, lodge owners would have more time to evaluate the pro -forma for a change -in -use with housing mitigation required. The city council could recommend denial of the proposed GMQS text amendment, as set forth in Alternative Motion B. One last alternative would be to consider the Planning and Zoning Commission's recommendation that the free-market residences be required to provide an accessory dwelling unit (ADU) as the required mitigation, as set forth in Alternative Motion C. RECOMMENDED MOTION A [60% mitigation]: "I move to approve Ordinance No. 14 A, Series of 1998 on first reading. The city council further directs the planning staff to process the necessary text amendments to allow the small lodge lottery program to be extended for two (2) more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences." ALTERNATIVE MOTION B [delete nonconforming section only] : "I move to deny the text amendments to Section 26.100.050 GMQS Exemptions, as proposed, as the city council finds that with this being the last year for the small lodge lottery, and that housing 8 mitigation was not intended for uses with less impacts, that this amendment should not be made at this time." "I further move to approve on first reading, Ordinance No. 1-4 B, Series of 1998, the deletion of Section 26.104.050 Nonconforming Lodges and hotels as this is in direct conflict with Ord. 29, series of 1996." ALTERNATIVE MOTION C [AD Uas mitigation and deletion of nonconforming section]: "I move to approve on first reading, Ordinance No. H ® C, Series of 1998, modified text amendments to Section 26.100.050 GMQS and Section 26.104.050 Lodge and hotel preservation. The city council further directs the planning staff to process the necessary text amendments to allow the small lodge lottery program to be extended for two (2) more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences." CITY MANAGER'S COMMENTS: Attachments: Resolution No.98- , Planning and Zoning Commission (draft) Ordinance No. 1-j A, Series of 1998 Ordinance No. �iq ; BSeries of 1998 ' Ordinance No. ' C, Series of 1998 g:\plattniiig\aspeii\iiieiiios\lodgecc RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF 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 SECTION 26.104.050 "LODGE AND HOTEL PRESERVATION", RELATED TO NONCONFORMING LODGES AND HOTELS. Resolution 98- WHEREAS, The Community Development Department developed, 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"; 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 the proposed text amendment. NOW, THEREFORE BE IT RESOLVED by the Commission: Section One: That Section 26. 100.050D.2.a.(1). "GMQS Exemptions"; shall be amended to read as follows, with the new text underlined: (1) The Planning and Zoning Commission determines in a public hearing 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 be required to provide an accessory dwelling unit (ADU) as required mitigation for each new free- market residence. For purposes of this section a lodge shall be deemed to be demolished if less than fifty (50) percent of the existing structure remains in place Section Two: That Section 26.104.050 Lodge and Hotel Preservation be deleted in its entirety. Section Three: That the Planning and Zoning Commission recommends to city council that the planning staff be directed to process the necessary text amendments to allow the small lodge lottery program to be extended for two (2) more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences. APPROVED by the Commission at its regular meeting on April 21, 1998. APPROVED AS TO FORM: City Attorney Attest: Jackie Lothian, Deputy City Clerk g:\planning\aspen\resos.doc\p&z\ldgtecdoc Planning and Zoning Commission: Sara Garton, Chairperson ORDINANCE N0. 14' (A) (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. WHEREAS, The Community Development Department developed, 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, 1 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 to be appropriate with the intent of Ord. 29, Series of 1996; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, 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 hearing 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 60% of the population generated by the free-market residences. For purposes of this section, a lodge shall be deemed to be demolished if less than fifty (50) percent of the existing structure remains in place. 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 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 2 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 8th day of June, 1998 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 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 1 lth day of May, 1998. Approved as to form: Approved as to content: City Attorney Attest: El Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Approved as to form: City Attorney John Bennett, Mayor day of , 1998. Approved as to content: John Bennett, Mayor 3 Attest: Kathryn S. Koch, City Clerk g:\planning\aspen\ord\ldgtes.doc ORDINANCE N0. 14 - (B) (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.104.050 LODGE AND HOTEL PRESERVATION, RELATED TO NONCONFORMING LODGES AND HOTELS. WHEREAS, The Community Development Department developed, reviewed and recommended approval of an amendment to the land use regulations, the deletion of certain text from 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 related to Section 26.100.050 GMQS Exemptions, and the deletion of Section 26.104.050 Lodge and Hotel Preservation, related to nonconforming lodges and hotels; 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, 1 WHEREAS, the City Council finds that the deletion of Section 26.104.050 Lodge and Hotel Preservation is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that the deletion of this section is appropriate with the intent of Ord. 29, Series of 1996; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: That Section 26.104.050 Lodge and Hotel Preservation be deleted in its .entirety. Section 2: 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 3: 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. Section 4: That the City Cleric is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Piticin County Cleric and Recorder. Section 5: A public hearing on the Ordinance shall be held on the 8th day of June, 1998 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which 2 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 11 th day of May, 1998. Approved as to form: Approved as to content: City Attorney Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Approved as to form: City Attorney Attest: Kathryn S. Koch, City Clerk g:\pl auni ng\aspen\ord\ldgtexb.doc John Bennett, Mayor day of , 1998. Approved as to content: John Bennett, Mayor 3 ORDINANCE N0. I"l' (C) (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. WHEREAS, The Community Development Department developed, 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, I 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, and that this is appropriate with the intent of Ord. 29, Series of 1996; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: That Section 26. IK050D.2.a.(1). "Exemptions"; shall be amended to read as follows: (1) The Planning and Zoning Commission determines in a public hearing 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 be required to provide an accessory dwelling unit (ADU) as required mitigation for each new free- market residence. For purposes of this section, a lodge shall be deemed to be demolished if less than fifty (50) percent of the existing structure remains in place. 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 hearing on the Ordinance shall be held on the 8th day of June, 1998 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 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 1 lth day of May, 1998. Approved as to form: Approved as to content: City Attorney Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Approved as to form: John Bennett, Mayor day of , 1998. Approved as to content: 3 City Attorney Attest: Kathryn S. Koch, City Clerk g:\p Iaui ing\nsp en\ord\Idgtexc.doc John Bennett, Mayor John Worcester, 1 7—/r3l- , Housing mitiga 6n for lodges X-Sender: johnw@commons Date: Thu, 31 Jul 1997 13:54:33 -0600 To: stanc@ci.aspen.co.us, juliew@ci.aspen.co.us From: John Worcester <johnw@ci.aspen.co.us> Subject: Housing mitigation for lodges Cc: amym@ci.aspen.co.us, johnw@ci.aspen.co.us As you proceed to amend the lodges change in use ordinance please keep in mind that we need some justification for requiring employee housing mitigation. (i.e. Nolan, Dolan type of analysis) I don;t believe the housing authority has doen the types of studies we would require if we are ever sued over this issue. This might be a good time to get those done. There has to be a showing of a nexus between the development and the exaction, AND some rough proportionality between the exaction and the impacts. Finally, on every application of the ordinance there needs to be an analysis of the individualized impact and exaction. I'm sure you guys are aware of these requirements, but if you don;t understand what I'm getting at, please let me know. John P. Worcester City Attorney Printed for Julie Ann Woods <Juliew@ci.aspen.co.us> 3 CITY COUNCIL AGENDA" ` April 27, 1998 F. 5:00 P.M. , i A a# s y € k 1. Call to Order ., If. Roll Call Y x III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a. Mayor's and CounciImembers' Comments b. City Manager's Comments VI. Consent Calendar (These matters may be adopted together by a single motion) a. Minutes - March 23 b. Bus Shelter Funding C. Resolution #31, 1998 - Contract Grand Junction Pipe Centralized Irrigation System .d. Resolution #32, 1998 - Sale of Water Place Unit #15 =-r e. Request for Funds - Street Lighting- , Resolution # 33 #34 1998 -Contract Approval Fleet Vehicles j � g. Ordinance # 10, 1998 - Aspen Consolidated Sanitation District SPA amendment ty ,h. Ordinance #9, 1998 - Appropriations --- - x it v VII. Public Hearings a. Resolution # 35, 1998 - Colorado Rift Raft Temporary Use b. Ordinance #6, F1998 Tippler Townhomes GM S Exemption, Sub ivision & Vested Rights , C. Ordinance #7, 1998 - Bell Mountain Townhomes PUD, Subdivision & Vested Rights d. RFTA Resolution 2, 1998 - Budget Amendment 1998:°r: �E, x1 !f i Action Items t�> ,��' gas . ��., a. Ordinance # 11, 1998 - Holy Cross Franchise Adreement , b. Resolution #36,1998 - Calling Special Election f r IX. Information Items a. RFTA Minutes . b. Housing Board minutes {{ X. Executive Session' ' XI. Adjournment ( : XI1. Next Regular Meeting _ �� �� " ` s �s X111. COUNCIL MEETS AT NOON FOR AN INFORMAL .PUBLIC DISCUSSION, BASEMENT MEETING ROOM .r�` ', . RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSIZ5N FOR THE APPROVAL OF 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 SECTION 26.104.050 `LODGE AND HOTEL PRESERVATION", RELATED TO NONCONFORMING LODGES AND HOTELS. Resolution 98- WHEREAS, The Community Development Department developed, 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"; 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 the proposed text amendment. NOW, THEREFORE BE IT RESOLVED by the Commission: Section One: That Section 26. 100.050D.2.a.(1). "GMQS Exemptions"; shall be amended to read as follows, with the new text underlined: (1) The Planning and Zoning Commission determines in a public hearing 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 be required to provide an accessory dwelling unit (ADU,) as required mitigation for each new free- market residence. For purposes of this section a lodge shall be deemed to be demolished if less than fifty (50.)percent of the existing structure remains in place Section Two: That Section 26.104.050 Lodge and Hotel Preservation be deleted in its entirety. Section Three: That the Planning and Zoning Commission recommends to city council that the planning staff be directed to process the necessary text amendments to allow the small lodge lottery program to be extended for two (2) more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences. APPROVED by the Commission at its regular meeting on April 21, 1998. APPROVED AS TO FORM: City Attorney Attest: Jackie Lothian, Deputy City Clerk g;\planning\aspenV=s.doclp&z\ldgtex.doc Planning and Zoning Commission: Sara Garton, Chairperson ORDINANCE NO. (A) (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. WHEREAS, The Community Development Department developed, 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 V`rHEREAS, 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, 1 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 to be appropriate with the intent of Ord. 29, Series of 1996; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. 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 hearing 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 60% of the population generated by the free-market residences. For purposes of this section, a lodge shall be deemed to be demolished if less than fifty (50) percent of the existing structure remains in place. 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 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 2 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 hearing on the Ordinance shall be held on the 8th day of June, 1998 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 shall be published in a newspaper of general circulation within the City of Aspen. i11111 11,1 1 1 1.• .-.• by the City Council of the City of Aspen on the 1 lth day of May, 1998. Approved as to form: Approved as to content: City Attorney Attest: E Kathryn S. Koch, City Clerk John Bennett, Mayor FINALLY, adopted, passed and approved this day of , 1998. Approved as to form: City Attorney Approved as to content: John Bennett, Mayor 3 Attest: Kathryn S. Koch, City Clerk gAplanning\WenlordUdgtex.doc ORDINANCE NO. (B) (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.104.050 LODGE AND HOTEL PRESERVATION, RELATED TO NONCONFORMING LODGES AND HOTELS. WHEREAS, The Community Development Department developed, reviewed and recommended approval of an amendment to the land use regulations, the deletion of certain text from 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 related to Section 26.100.050 GMQS Exemptions, and the deletion of Section 26.104.050 Lodge and Hotel Preservation, related to nonconforming lodges and hotels; 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, 1 WHEREAS, the City Council finds that the deletion of Section 26.104.050 Lodge and Hotel Preservation is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that the deletion of this section is appropriate with the intent of Ord. 29, Series of 1996; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. i% i101 � MIT: i THE CITY OF ASPEN, COLORADO as follows: Section 1: That Section 26.104.050 Lodge and Hotel Preservation be deleted in its entirety. Section 2: 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 3: 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. Section 4: 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 5: A public hearing on the Ordinance shall be held on the 8th day of June, 1998 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which 2 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 1 lth day of May; 1998. Approved as to form: Approved as to content: City Attorney Attest: Kathryn S. Koch, City Clerk John Bennett, Mayor FINALLY, adopted, passed and approved this day of 31998. Approved as to form: City Attorney Attest: Kathryn S. Koch, City Clerk g:\planning\aWcn\ord\ldgteeb.doc Approved as to content: John Bennett, Mayor 3 ORDINANCE N0. (C) (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. WHEREAS, The Community Development Department developed, 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, 1 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, and that this is appropriate with the intent of Ord. 29, Series of 1996; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, 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 hearing 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 be required to provide an accessory dwelling unit (ADU) as required mitigation for each new free- market residence. For purposes of this section, a lodge shall be deemed to be demolished if less than fifty (50) percent of the existing structure remains in place. 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 hearing on the Ordinance shall be held on the 8th day of June, 1998 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 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 May, 1998. Approved as to form: Approved as to content: City Attorney Attest: Kathryn S. Koch, City Clerk John Bennett, Mayor FINALLY, adopted, passed and approved this day of ; 1998. Approved as to form: Approved as to content: 3 City Attorney Attest: Kathryn S. Koch, City Clerk g:1plmudnglaspenlord\ldgtexc.doc John Bennett, Mayor TO: Mayor and City Council THRU: Amy Margerum, City Manager Stan Clauson, Director of Commuruoi Development FROM: Julie Ann Woods, Deputy Director DATE: May 11, 1998 RE: Text Amendments to Sections 26.100.050 GMQS Exemptions and 26.104.050 Nonconformities--Lodge and hotel preservation SUMMARY: The Fireside Lodge, located at Cooper and First Streets was approved for a change -in -use for two (2) four -bedroom and two (2) five -bedroom allotments through the small lodge lottery program. During the approval process, City Council expressed its concern regarding the fact that the Housing Office did not require any mitigation for emp oyee units as part oft e change in use process. The analysis presented as part of the staff memo indicated that there was a net reduction in employees from a lodge use to the townhome use and therefore no mitigation was required. Although City Council gave final approval for the Fireside Lodge project, they indicated to staff that they believed that such a project found a loophole which they felt needed to be plugged. They requested that staff process a text amendment to ensure that subsequent projects would be required to mitigate with affordable housing. BACKGROUND: In 1996, following a long series of forums and meetings with the local lodge owners and their representative, the City Council passed Ordinance 29 which established a small lodge lottery for those lodges zoned LP in the city. As a follow-up to that program, the council in early 1997 subsequently rezoned the LP lodges to the most contiguous underlying zoning, removing the LP zone, but making it an overlay. The following chart indicates the status of conversions and expansion by the small lodges (prior to the most re en action by the P&Z on May 5, 1998) under the Small Lodge Lottery program. Post -it® Fax Note FcToo,!:�t:: . Phone # Co. Fax # C r ,, Phone # Fax # Lodge Name Allocation Change -in -use Allocation still awarded Approval valid?* Brass Bed RC--6 2-bedroom Approved 2/18/97 Yes --Building units. Permit issued Bell Mountain RC--' 4-bedroom Application Yes --Pending units received 8/15/97; change -in -use CC--7250 s.f. of pending approval approval and commercial space Building Permit . issuance Crestahaus LE--10 additional Change -in -use Yes --Pending (Beaumont) lodge rooms application change -in -use submitted; applicant approval and modifications Building Permit pending issuance Fireside Lodge RC--2 4-bedroom Approved 5/20/97 Yes --Pending units Building Permit 2 5-bedroom issuance units Alpine Lodge LE--4 additional No change -in -use No. Allocation lodge rooms application expired February 6, submitted 1998. KEY: RC=Residential CC=Commercial LE=Lodge conversion conversion expansion *Please note that under Ord. 29 (which exempted these lodges from GMQS scoring and competition), the lodges have nine (9) months following the lottery date to file for a change -in -use approval from the Planning and Zoning Commission. A building permit must also be issued within eighteen (18) months of the lottery date in order to keep the allocations valid. The Planning and Zoning Commission does have the authority to extend these timeframes as provided in Section 26.100.050. Based on undeveloped allocations, the following pools will be available for the last lottery in 1998: • 15 Free-market residential units (42 bedrooms) • 33 Lodge expansion units( the. P&Z allocated 7 lodge expansion units on 515198, leaving 26 units at the end of this final lottery) • 8,000 s.f. of office/commercial space 2 E REQUEST: Staff is requesting that the City Council consider two modifications to the land use code: 1) Chapter 26.100 Growth Management Quota System, specifically Section 26.100.050 Exemptions; and 2) Chapter 26.104 Nonconformities, specifically Section 26.104.050 Lodge and hotel Zpreservation. The first modification clarifies the intent of the City Council that free-market residences resulting from the change in use will be required to mitigate for employee housing, even if the impacts are less than the lodge use. The second modification addresses the language that previously dealt with nonconforming lodges (which most are) and which should have been modified by Ord. 29 so that conflicts between these two parts of the code are eliminated. PROPOSED REVISIONS: (New text is underlined; old text is stricken). Section 26.100.050 Exemptions [GMQS] D. Exemption by City of Aspen Planning and Zoning Commission. 1. General. a. Timing of exemption request. No development shall be considered for an exemption by the Community Development Director until a complete application has been submitted pursuant to section 26.52:070 of this Code. 2. Planning and Zoning Commission exemptions that are deducted from the annual allotment pool or from the metro area development ceilings. The following exemptions shall be deducted from the respective annual development allotment established pursuant to section 26.100.040 or from the metro area development ceilings established pursuant to section 26.100.030. a. Change in use/lodge expansion. A change in use of any existing structure previously zoned LP to either commercial/office or residential use, or the expansion of an existing lodge previously zoned LP shall be exempt from growth management competition and scoring procedures, provided that the following conditions are met: (1) The Planning and Zoning Commission determines in a public hearing 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 existinglodge odge to accommodate the change - in -use to residential use (other than deed -restricted affordable housing) will require housing mitigation based on 60% of the population generated by the free-market residences. For purposes of this section, a lodge shall be deemed to be demolished if less than fift (50) percent of the existing structure remains in place. (2) The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be provided for the change in use or expansion or cash -in - lieu will be used; (3) The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood; (4) The Planning and Zoning Commission determines in a public hearing that adequate public facilities exist or will be provided for the change in use of the existing neighborhood; (5) No zone change is required. (6) The proposal is consistent with the Aspen Area Community Plan. The proposed conversion or expansion will be deducted from the appropriate GMQS Lodge Conversion or Expansion Pool, pursuant to section 26.100.040. Process for allocations. An annual lottery held during a regularly scheduled Commission meeting shall be established for lodges requesting conversion or expansion. Each lodge can apply for inclusion in the lottery. Each lodge selected in the pool shall be allowed to go through the change in use process. Separate lotteries shall be held for free market conversion, expansion or commercial/office use.. The total number of lodges allowed to be selected in the lottery shall be based on the potential buildout available for the selected lodge. For example, each lodge has a potential buildout based on underlying zoning that determines the number of free market homes possible on each property, as well as the allowed square footage of commercial or office space. As the lottery progresses, a running total of potential buildout units or commercial/office square footage as determined by underlying zoning, shall be kept. Once the total allowable GMQS allocations for lodge expansion or conversion is reached or exceeded by the last selected lodge, one additional lodge applying for change in use shall be selected and the lottery shall end. If the total number of free market units or non-residential square footage allowable under underlying zoning are not awarded through the annual change in use process, the last selected lodge can apply for the change in use process for these remaining allocations. Multi -year allocations can be awarded if the Commission approves a change in use application for the units that exceed the annual quota, and the following years allocations shall be adjusted accordingly. Any allocations left following all change in use applications shall be returned to the pool for future allocation. Potential lodge expansion units for 1996 shall be eleven (11) lodge units. Subsequent years lodge allocations shall be determined by the conversion formula and the number of free market conversion units approved- by the Planning and Zoning Commission during the previous year, as described in Section 26.100.040. This shall be determined by the Community Development Director. In order to prevent speculation or residential quota banking, a lodge awarded residential allocations would be required to apply for a land use application for a change in use within nine (9) months of the lottery date, followed by the securing of an active building permit and an abandonment of the lodge use within eighteen (18) months of the lottery date. If no land use application is submitted within nine (9) months from the date of the lottery, no quota received will revert to the next lottery winner. If no building permit is issued within eighteen (18) months, the units awarded would be added to the 4 next GMQS pool, and the lodge can not compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. The deadline established above for building permits and land use submittals are not required for commercial allocations until all necessary quotas for a project are secured, whereupon a lodge awarded the full allocation necessary for its project would be required to submit a land use application for a change in use within nine (9) months of the lottery date on which all necessary quotas were obtained, followed by the securing of an active building permit, and an abandonment of the lodge use within eighteen (18) months of the lottery date on which all necessary quotas were obtained. If no land use application is submitted within nine (9) months, or no building permit is issued within eighteen (18) months of the lottery date on which all necessary quotas were obtained, the units awarded will be added to the next GMQS pool, and the lodge could not compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. An extension of the nine (9) month or eighteen (18) month deadline can only be granted by the Planning and Zoning Commission based on a good faith effort on the part of the applicant to file an application or obtain a building permit. A mixed use residential and commercial development, where permitted by underlying zoning, would require the residential component of the project to be developed within the time limits imposed on residential development, as outlined above, even if it requires the phasing of the development project. . The schedule for application for the change in use or lodge expansion lottery for 1996 are as follows: November 15, 1996 -- Conversion of previously zoned LP properties to free market units November 15, 1996 -- Conversion of previously zoned LP properties to non- residential uses November 15, 1996 -- Expansion of lodges previously zoned LP. For 1997 and 1998, the schedule for application for change -in -use shall be established by the Community Development Director. (Ord. No. 54-1994; Ord. No. 49-1995, § 2; Ord. No. 29-1996 § 7: Code § 8-105) Section 26.104.050 Lodge and Hotel Preservation [Nonconformities] M.• .. . • • .im a CO.. • . 1 . . Y .Will w • • • • . • • t • • • - • . • i �• It • • i i • P.M In i • • - • • . . . . r • . Y • . . . • . • . • 'UP • . • . . . . 1 . • . 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The amendments are intended to eliminate the conflicts between two different sections of the code, and to clarify the intent of the city council in requiring housing mitigation for those lodges that convert to free-market residential use. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. The AACP specifically addresses lodges under the commercial/Retail Action Plan. The plan recommends "Revise the Lodge Preservation zone district to allow a range of mitigation and allow for minor expansion with less mitigation required in order to maintain the small lodge inventory in the community." Staff believes that the proposed amendment is consistent with this policy as there is more incentive to expand the lodge use rather than a wholesale demolition and change in use to free-market residential where 60% housing mitigation would specifically be required. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. The proposed amendment is proposed to clarify the intentions of the change -in -use and expansion of the city's small lodges and will not adversely affect surrounding zone districts and land uses. D. The effect of the proposed amendment on traffic generation and road safety. Though the amendment could result in more affordable housing provided on -site which could generate traffic, it is not likely that such an amendment will result in traffic generation in excess of the original lodge use. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed 7 amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Existing lodges eligible to participate in the small lodge lottery are located within the city limits where public facilities and services are present. The proposed amendment could result in the generation of school -aged children which may have an impact on the school district. However, most category units are studios and one -bedroom units which are geared toward single people rather than families. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. The proposed amendment will not have adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. The proposed amendment would strengthen the community character by providing additional housing. opportunities for employees within the city of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. The amendment applies to all lodges with an LP overlay. In order to ensure adequate housing for employees who will have a presence in the city's neighborhoods, this amendment should have a positive influence on the surrounding neighborhoods. L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. The proposed amendment would not be in conflict with the public interest, but may be in conflict with the interests of the small lodge owners desiring conversion to free-market residences. PROCEDURE FOR AMENDMENT: A development application for an amendment to the land use code or the official zone district map shall be reviewed and recommended for approval, approval with conditions or disapproval by the commission at a public hearing, and then approved, approved with conditions, or disapproved by the city council at a public hearing. PLANNING AND ZONING COMMISSION RECOMMENDATION: At the Planning and Zoning Commission's hearing on April 21, 1998, the commission recommended an alternative motion which was that if a demolished lodge is converted to free-market residences, that it be required to provide an accessory dwelling unit (ADU) as required mitigation. The proposed new language to Section 26.100.050 GMQS would read as follows: (1) The Planning and Zoning Commission determines in a public hearing 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 8 residential use (other than deed -restricted affordable housing) will be required to provide an accessory dwelling unit ADU) as required mitigation for each new free-market residence. For purposes of this section, a lodge shall be deemed to be demolished if less than fifty (50) percent of the existing structure remains in place. The commission further recommended approval of the deletion of Section 26.104.050 Lodge and hotel preservation as it is in direct conflict with Ord. 29, Series of 1996. Finally, the commission also recommended that the small lodge lottery program be extended for a few more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences. The commission did not address whether the ADU would require occupancy as they were informed that an entire revamping of the ADU program was being considered as another subsequent text amendment. RECOMMENDATION: If the City Council feels that it was the intent of the small lodge lottery program to require housing mitigation for free-market residences, even when impacts are less than the existing lodge, then it would be appropriate to approve the text amendments as provided in this staff report and in Ordinance No. A, Series of 1998. Alternatively, the city council could debate the merits of the small lodge lottery program and decide whether the program should be extended for a few more years beyond 1998 in order to evaluate the program with the revised mitigation requirement. With this being the last year for the small lodge lottery program, staff is concerned that the clarifying language regarding mitigation may be too onerous for lodge owners who may have contemplated a free-market residential change -of -use application for this final round, and may feel they have no alternative but to remain a lodge use. If the program was extended, lodge owners would have more time to evaluate the pro -forma for a change -in -use with housing mitigation required. The city council could recommend denial of the proposed GMQS text amendment, as set forth in Alternative Motion B. One last alternative would be to consider the Planning and Zoning Commission's recommendation that the free-market residences be required to provide an accessory dwelling unit (ADU) as the required mitigation, as set forth in Alternative Motion C. RECOMMENDED MOTION A [60% mitigation]: "I move to approve Ordinance No. A, Series of 1998 on first reading. The city council further directs the planning staff to process the necessary text amendments to allow the small lodge lottery program to be extended for two (2) more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences." ALTERNATIVE MOTION B [delete nonconforming section only] "I move to deny the text amendments to Section 26.100.050 GMQS Exemptions, as proposed, as the city council finds that with this being the last year for the small lodge lottery, and that housing 6 mitigation was not intended for uses with less impacts, that this amendment should not be made at this time." "I further move to approve on first reading, Ordinance No. B, Series of 1998, the deletion of Section 26.104.050 Nonconforming Lodges and hotels as this is in direct conflict with Ord. 29, series of 1996." ALTERNATIVE MOTION C [ADU as mitigation and deletion of nonconforming section]: "I move to approve on first reading, Ordinance No. C, Series of 1998, modified text amendments to Section 26.100.050 GMQS and Section 26.104.050 Lodge and hotel preservation. The city council further directs the planning staff to process the necessary text amendments to allow the small lodge lottery program to be extended for two (2) more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences." CITY MANAGER'S COMMENTS: Attachments: Resolution No.98- , Planning and Zoning Commission (draft) Ordinance No. A, Series of 1998 Ordinance No. B, _Series of 1998 Ordinance No. C, Series of 1998 g:\planniiig\aspcn\mcmos\lGdgecc 10 6 , 4 Bavarian Inn Christiania Lodge Copper Horse Christmas Inn Boomerang Lodge Innsbruck Inn Cortina Molly Gibson Lodge St. Moritz Lodge Shadow Mountain Lodge Hearthstone House Snow Queen Lodge Mountain House Lodge Bell Mountain Lodge Brass Bed Inn Alpine Lodge N.orthstar The Beaumont Inn Hotel Lenado Aspen Bed and Breakfast Hotel Aspen ASPEN PLANNING - ZONING COMMISSION MAY 5, 1998 COMMISSIONER AND STAFF COMMENTS.......................................................................................................I MINUTES.....................................................................................................................................................................2 930 KING STREET - LANDMARK DESIGNATION AND CONDITIONAL USE FOR ADU (CONTD. FROM4/2'I ft............................................................................................................................................................2 1035 EAST DURANT - PUD & STREAM MARGIN REVIEW.............................................................................4 FARMERS' MARKET CODE AMENDMENTS...................................................................................................16 ADUPROGRAM CODE CHANGES......................................................................................................................17 SMALL LODGE LOTTERY ALLOCATION FOR LODGE EXPANSION..............................:........................20 21 ASPEN PLANNING ZONING COMMISSION MAY 53 1998 Chairperson Sara Garton called the regularly scheduled meeting of the Aspen Planning & Zoning Commission to order at 4:35 p.m. Commissioners Bob Blaich, Steve Buettow, Sara Garton and Roger Hunt were present. Commissioners Tim Mooney, Jasmine and Tygre Marta Chaikovska were excused. Also in attendance were David Hoefer, Assistant City Attorney, Chris Bendon, Stan Clauson, Mitch Haas, Bob Nevins, Julie Ann Woods, Community Development Department, Deputy City Clerk Jackie Lothian, Nick Adeh and Ross Soderstrom, Engineering Department. COMMISSIONER AND STAFF COMMENTS Garton inquired as to the progress in board interviews for the alternate Aspen P&Z commissioner. Lothian answered that no interviews have taken place to date. Tim Mooney's appointment to DRAC was accepted by Council. Hunt asked if the Aspen Mass property planning would also encompass the Mills property. Julie Ann Woods replied that the master planning would include those properties. Hunt inquired from the AACP if the parking structure included considerations for auto storage and impound facilities. He stated that he could not attend that May 7th meeting on AACP, growth update. Woods said that had not come up in the discussions. Blaich noted that he would attend that meeting. Blaich noted the stakes were out in the west end for the bus route; what was the next step., Woods answered there was a West End Neighborhood Task Force at Harris Hall on Thursday, May 7th. She said that Stan Clauson, Randy Ready and the new transportation planner, Claude Morrelli would attend. Hunt said that 4th Street was a designated pedestrian corridor in the pedestrian bike plan. Blaich said there was a smaller bus on that street. Blaich inquired as to when the SCI first reading was at council. Woods replied that would be on the 26th of May. Woods commented the case load has been re- vamped due to staff and vacation problems. She noted a joint P&Z session with HPC regarding DEPP on May 27, 1998. Hoefer stated the 1035 East Durant applicant requested they be changed from the first item to the second because of a meeting with BOCC. He said that the King Street items IIIB. & IIIC. would be combined as the first hearing. 1 two single family residences with Lot A (corner of Neale and King) including the 370 sf ADU in the north side of the lower level of the building. Nevins said staff required the off-street ADU parking space be designated and shown on drawings. Garton questioned the exhibit noting the square footage being larger with a FAR bonus. Reno replied the plans had changed and down -sized; with a 250 sq. ft. preliminary FAR bonus from HPC work sessions. Garton commented that the ADU was garden level, so why was there a FAR bonus. Reno replied that there were two bonuses; ADU and Historic Landmark. Garton inquired as to the size of the house on Parcel A. Reno answered 2900 square feet FAR and Parcel B with the No Problem House was approximately 1900 square feet. He said the landmark would make it a positive lot split breaking up the mass of the 4800 square feet. Garton asked if there were additional variances needed. Reno said the HPC preliminary approval for variances would be the east side yard setback and front setback. The house would be moved 10' to the east and keeping it in the same appearance to the street. Garton noted there was a very big house being built on the corner. Reno stated he was not the judge of big. Woods noted there was neighborhood opposition and the change in the order of the agenda may not allow the public comment because of the time change. Hoefer stated that the questions could be concluded on the landmark and recommend any decision be deferred until the after the 5:45 p.m. time set on the agenda. Garton asked the DRAC member if there were any issues for the historic designation consideration. Reno said HPC was dealing with the issues. Nevins stated the house directly to the east was being demolished and the adjacent homes were 1 or I %,, story buildings. Hoefer noted this had gone to HPC and will go onto Council after P&Z. Hunt asked about the DRAC issues of glazing of the new addition. Buettow asked how the landmark designation affected the driveway cut; the prior had one cut on King Street. The new lot split shows 2 driveway cuts. Nevins said further HPC review deemed more appropriate the old driveway on King remain; add the new home driveway off'of Neale. Reno stated that 2 driveways in the same place determined too much pavement and shared driveways do not seem to work in the long run. He said the separate driveways gave the houses separate identities and would hope that automobile would not be used. Woods commented the driveway was an issue with some of the neighbors. Reno said Joe Candreia was common to this site and part of the community. 3 ASPEN PLANNING ZONING COMMISSION MAY 5, 1998 Department which was an issue not yet agreed to by the applicant. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access; and the recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable; Haas stated the 4th criteria concerns changes in grade or cover of fill outside the specifically defined building envelope. The proposed envelope was different from the staff proposed top of slope, which may be actually higher than the 7948. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificate of Occupancy; Haas said the 5th criteria deals with drainage (new plans submitted 4/21/98) which had not been reviewed by Engineering. Garton noted that drainage was part of the Stream Margin Review. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; Haas explained the next problem criteria was the 9th, because the proposed structure would be below the recommended top of slope. No development other than approved native vegetation taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. If any development is essential within this area, it may only. be approved by special review pursuant to Section 26.04.100; The 1 Oth criteria cites a height limit for the top of slope and recommend the building be pushed back behind the progressive height limit. All development outside the fifteen (15) foot setbackfrom the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Zoning Officer utilizing that definition set forth at Section 26.04.100; Haas commented the 14th and last criteria There has been accurate identification of wetlands and riparian zones which does not seem to have any problems. The applicant stated the testing could not be done because of the existing buildings and Parks would like a wetlands delineation done after demolition. Haas said that Ross Soderstrom and Nick Adeh, Engineering Department, were present to answer any questions. Garton asked Gideon Kaufman, attorney for applicant, why the application was brought forward when top of slope had not been resolved. Kaufman stated they had been in this process for 3 years with 3 other planners who agreed with their 5 ASPEN PLANNING, -ZONING COMMISSION MAY 5, 1998 application was dated May, 1996 and response to staff concerns of 1998. He felt that the other 3 staff planners had been complied with before the application was submitted and they are taken back, now, by the top of slope being questioned. Kaufman stated that top of slope was made an issue in this application but was the same top of slope calculated 3 years ago. He said the entire project was re- designed around that top of slope. Kaufman read from the code on top of Slope: No development other than approved native vegetation taking place below the top of slope or within fifteen (1 S) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. If any development is essential within this area, it may only be approved by special review pursuant to Section 26.04.100; and the code said top of slope is determined by a registered architect, landscape architect or engineer and drawings. Section 26.04.100 of the Land Use Code defines "top of slope" as "a point or line connecting at least three (3) points determined by the point of intersection of two fifty foot lines, one line being the level of the existing grade above the slope and the other line being the angle of the existing slope, both lines measured on a site section drawing." Kaufman stated Bill Sawyers was the qualified architect that drew the top of slope 3 years ago which was reviewed by 4 staff planners over 3 years. He said because of the questions raised by current staff, the applicant has had Bruce Lewis, a professional engineer, Jay Hammond, a professional engineer and former city engineer and John Polworth, surveyor, involved in the stream margin review. Kaufman stated each expert independently concurred the section was prepared in accordance with the code and accurately determined the top of slope. Kaufman noted staff said based upon the code intention of top of slope, it was an effort to protect the existing riparian vegetation and preserve bank stability. This was added to the code in answer to an applicant that changed the bank; removed existing vegetation and replaced it with rocks, boulders and retaining walls. Kaufman said their application preserves and maintains the riparian areas. He illustrated that point with photographs of the other site and their site. He felt the photographs were important for identifying what not to do and that their top of slope follows the intent of the code and was further back from the existing building. He said they also have Andy Antipas, an environmental consultant, to address the top of slope for the riparian vegetation. Jay Hammond will speak about stream bank stability and comply with margin review as within the city code. He said pushing the top of slope back; makes the project have to be re- designed after 3 years of re -designing. Kaufman introduced Bill Sawyers, an architect and a code qualified expert, who prepared the original drawings. Garton asked what a code qualified expert meant. Kaufman said the code specifically states who determines top of slope. Hoefer ASPEN PLANNING --ZONING COMMISSION MAY 5, 1998 Hammond made a couple of minor points. Looking at the existing slope in front of the existing building, the vegetation is very well established in that area (good vegetative covering); this project will not disturb that, the embankment has been stable with no damage during high water years. The re -development plan will not remove that existing vegetation; it will place additional vegetation along the top of the slope or above the defined top of slope as it currently exists (simply adds to the stability of that slope) and the re -construction will remove the surcharge associated with the existing building from above the top of slope and move the structure away from the bank founding it deeper than currently located. The new building should be better than the old. Garton asked if Hammond had taken top of slope measurements. Hammond did not, but reviewed the work of the original surveyor and architect. Garton asked Nick Adeh why his top of slope figure was different from their calculations and cross sections. Nick Adeh, city engineer, responded that there were various reasons, but first wanted to say a few words from what was heard tonight. He said a nice choice of words: professional experts, registered engineers, by golly, gospel; whatever they say is right. He commented there is a bulletin being published by the board of registration, who list all those professional experts who malpractice their profession. He said some of them have been put on disciplinary notice, some subject to license revocations. He has seen a name in the valley, and he doesn't need to bring that name, but doesn't have the latest bulletin for the board of registration that lists who cannot practice engineering or otherwise. Adeh said he can't say that and needed to find out, but none the less; the engineers are not gods and their word is not gospel, or the architect. Adeh commented that if they are trying to talk about the common sense of practice and what is right and what is not so right; we need to look what is actually up there. He did make a print of their map form October `74 prepared by Cooper Aerial for the Aspen survey. He said that when they saw the elevation on the plans proposed by the applicant, okay, we believe that top of slope based upon the map, based on information submitted by them needs to be 7948. He said let's find out why. Adeh said, short of jumping to conclusions, it was nice to go out into the field with people representing the parks department, planning department, engineering staff to look at the channel. If what they are saying that when the contour topography drops so abruptly in the middle of the building, and goes back up to where it was, we need to verify if the river bottom goes so steeply down and flattening out. Adeh stated they made that observation and the referenced map topography doesn't suggest such an abrupt drop to justify the lowest point along that building that contour as running at 7948 9 landscape planning of the natural vegetation. Antipas said his opinion was the proposal will not impact the riparian corridor, or wildlife habitat in the area. Garton stated that she wanted to talk about intent and comments from the staff. Haas said there would not be a point by point rebuttal but a couple of things. He said the fact that the buildings are set back and the proposal to move the building back and noting the adjacent 2 buildings were exactly the reason for stream margin review. Haas commented the 2 buildings were old enough that they did not go through stream margin review; one sits basically in the river. Haas stated these were not the precedence to go by, these were the bad examples. The precedent would be to move it forward and do what stream margin review is intended to do. He said the intent statement is not the point in the code, it is one statement in 14 criteria. He said the intent statement is found on page 595 under the purpose of environmentally sensitive areas and read to protect and preserve existing water courses as important natural features. Haas said a water course in his understanding includes vegetation of the banks as well. Haas noted that Gideon was correct, planners do not set top of slope, but rely on the engineering department. All the letters from the past are from planners and deal with Ordinance 30 and do not touch the stream margin issue. He stated the applicant has had 3 years without meeting with the engineering department to get their opinion of top of slope. He did not feel there was a reliant issue. Haas stated there were 3 city departments recommending top of slope at 7948. The intent is to re-claim the riparian habitats on a case by case basis. Garton commented if those buildings were to burn down, they would not be able to be replaced where they stand. Kaufman stated they would be able to be replaced for 12' months because they are non -conforming. Blaich said not if they had to go through a review process like this has gone through. Garton said that Dave Michaelson did touch on top of slope but no letters or measurement from the engineering department. Horn noted this came up on the 2nd year, the planner at that time said they had to work with the engineering department based upon the land use code definition. He said not on site observations or what the parks or planning departments think, but what the registered engineer thinks. He said that was by code the person to deal with this issue. Garton stated there were major mistakes made with stream margin and that was the reason for the revision and top' of slope calculation was established. The commission has asked in initial pre-app conversations include top of slope right away, so there no drawings coming forward until that top of slope agreement has 11 ASPEN PLANNING ZONING COMMISSION MAY 5, 1998 Blaich expressed frustration with the project looking at the amount of time the applicant has taken, changes in staff and number of people it has gone through; without resolution was not dealing with fairness. He said that he was not being critical of current staff, Mitch was doing a very, very good job, but the proposal has been going on so long with a difference of opinion. Blaich noted a "prior" stream margin/top of slope that the commission was hurt over, does leave the commission wary. He said the evidence put forward from the planning department was not an improvement over the applicant's findings and to make the applicant redesign this project would be unfair. Blaich reiterated that he wanted to hear more evidence that would make him change his mind. Haas replied that Blaich's unhappiness with past stream margin was a good point; to set a precedent to set a good example here for protecting the stream margins. Blaich said setting a precedent at the expense of this project is a serious question, but if the code needs to be changed on stream margin, then do it but don't change the rules on this project. He said it has cost the city in this process also. Haas stated the rules were not changed but enforcing the rules as established. Garton commented that staff was not changing the rules but did not accept the applicant's top of slope. Haas said there was never a recommendation before from the engineering department because it never went this far. Hoefer noted that this was the first public hearing where top of slope was to be determined by the planning and zoning commission. It was the commissions responsibility to make the legal decision. Stan Clauson said it was important to understand that the hearing at which stream margin is established, is the point at which this issue is fixed. Any discussions up to that point are simply just that, discussion, speculation, and in the end it is the recommendation of staff brought to the hearing and the possible applicant counter recommendation that needs to be adjudicated by the commission. In the statement, in the code , it says the commission must determine if the proposed structure complies to the extent practical with the standards set forth; one of those #9 (top of slope). He said there was some latitude given to the commission in the code and we all understand the applicant and staff but there are some instances where it does require adjudication when it is not crystal clear and this is certainly an instance because a building occupies the site. Clauson said that Jay Hammond correctly pointed out that the site was manipulated because of the building making it difficult to obtain the historic top of slope. He stated that rather than continue the debate; it simply remains to determine not only which top of slope would be correct but if the applicant's top of slope would be harmful in some way or out of the spirit of the code or whether it complies to the extent practical with the standards of top of slope. 13 . There was discussion on the issues for the stream margin review, subdivision and PUD along with setting the date certain. Hoefer recommended the discussion not be continued tonight, because all four members would have to be present at the next meeting with the minutes for the other commissioners who were not present. Garton asked for some direction from staff and the commissioners, for the next meeting. She voiced concern on the balconies being so close to the next building. Garton complimented the applicant on the open space. Hunt requested better walkway access because of the tightness. PUBLIC COMMENT: Gretchen Greenwood, architect, said that she was glad the commission took the applicant's top of slope because she will be involved in a stream margin review soon. She felt it was important to follow the intent of the code and the exact description of the code since that was all that they had to go on. Greenwood said it Was disturbing after hearing that in good faith an applicant spent time with a planner and was assured that all aspects of the stream margin were reviewed for approval. She was glad this wasn't one of her projects. Hoefer stated for the record that he would like to speak with Gretchen at another time. He said that he was disturbed by her comments. Haas stated for the next meeting the subdivision and PUD will have an addendum with the conditions and changes for the stream margin. Kaufman requested clarification on the drainage issue. He said the information from their engineers has been submitted addressing the issue and wanted to know if there were any problems. Haas stated that engineering has not finished the review of information. Horn wanted to know about any other issues and had a letter for staff on the drainage. Adeh said they needed to meet with the applicant to communicate and go over the drainage. MOTION: Roger Hunt moved to continue the 1035 East Durant Stream Margin Review, PUD, and Subdivision public hearing to June 2, 1998. Bob Blaich second. APPROVED 4-0. 15 MOTION: Bob Blaich moved to recommend approval of the proposed code amendment to Section 15.04.350 Vending on Public parks and Rights -of -Way Prohibited, in order to allow the possibility of holding a farmers' market in a public place or street, of the C-1, CC, SCI or NC zone districts through a modified vending agreement process, as described in the May 5, 1998 staff memorandum. He also moved to adopt the revised definition of the term `farmers' market' as provided in this memorandum, dated May 5, 1998. Finally, he moved to approve the proposed code amendments to Sections 26.28.140, Commercial Core (CC), 26.28.150 Commercial (C-1), 26.28.160 Service/Commercial/ Industrial (S/C/I) and 26.28.170 Neighborhood Commercial (NC) to allow farmers' market as a permitted use in those zone districts, provided a vending agreement has been obtained pursuant to Section 15.04.350(B). Roger Hunt second. APPROVED 4-0. PUBLIC HEARING: . , Wei Sara Garton, Chair, opened the public hearing. David Hoefer, Assistant City Attorney, stated for the record that proof of notice had been provided. Chris Bendon, staff, explained this was a follow up from the work session and identified the code sections which needed to be amended. He provided the first draft of the amendment, which is a new section called ADU. Bendon said it would be a "one stop" section for ADU information. He said it would also include conversions from single family to duplex and also from duplex to single family as well as remodel. Currently an ADU was a conditional use and payment -in -lieu was by right for a growth management exemption. What he provided was that an ADU was a by right land use review (permitted use) and the payment -in -lieu would be a board review. He proposed the primary default board be the planning and zoning commission. If it were an HPC case then HPC would review the request. Bendon noted a design waiver could also be handled at HPC or the DRAC board. Bendon said the ADU's developed in response to a growth management exemption and would be mandatory rental. A purely voluntary ADO would not be a mandatory rental. He said there would be FAR incentives based upon the quality of the unit, amount above or below grade and different categories. There would be various standards which could be varied by the planning and zoning commission. Bendon stated the enforcement of mandatory ADU rental was one of 17 ASPEN PLANNING CONING COMMISSION MAY 5, 1998 forward with the ADU program changes. Kasabach said the enforcement part was very, very important. She noted that the units needed to be occupied because there were hundreds of people waiting for units. Kasabach some people really do not want to rent the units. Garton said the housing board was behind these changes, with a member present at the work sessions. She noted if the owners do not want the unit occupied, then they go through Growth Management or cash -in -lieu. Garton asked what (page 10 staff memo) the calculations for impact fees; provide affordable housing as a result of the activity for which the fee is required meant. Bendon answered the development or growth which was provided in the next section. Clauson said if this was the general -drift where the wording was headed, then the precise wording would be worked out. He said every new 3,000 sf of single family or duplex floor area generates 1 employee. That was the impact on employees and this was probably the first time it was stated in this way in the land use code. Clauson noted some additional studies may have to support this. Blaich said it could be a combination of full and part time employees with large houses. Bendon said there was a definition for a qualified working residents. Garton said the housing could also be senior housing or someone's nanny paid from an out of town account. Bob Nevins stated they would have to be a full time resident of Pitkin County. Kasabach said that it should comply with the Housing Authority qualifications for working resident. Garton commented that many people have moved into their ADU and have rented the main house. She said they were qualified working residents, who probably short term rent their house. Bendon noted if the house was sold, the ADU would probably not be rented, so in the long run, the purpose was served. Kasabach said that would be where the special review process would work. Nevins said the senior would qualify the same as a working resident. Blaich asked if it were possible for the city and county to have one set of rules. He said the larger homes were creating the jobs and sharing the housing responsibility. Bendon agreed it would be good to have the same requirements, an example of projects being annexed into the city. Garton asked if it would be legal at the time of a re -sale to deed restrict any ADU. Hoefer stated that would be considered a takings. Bendon noted any ADU going through redevelopment process with major changes would go through growth management. Hunt said for housing to pro -actively go after the un-rented ADU's may net a few more rentals. Blaich said if the owners were approached to tell them that they were given these benefits and what would they be willing to give back as a public relations. 19 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager Stan Clauson, Director of Community Development FROM: Bob Nevins, Senior Planner DATE: July 27, 1998 RE: Text Amendments to Sections 26.100.050 GMQS Exemptions and 26- 104.050 Nonconformities--Lodge and hotel preservation- (1 st Reading) SUMMARY: The Fireside Lodge, located at Cooper and First Streets, was approved for a change -in -use for two (2) four -bedroom and two (2) five -bedroom allotments through the small lodge lottery program. During the approval process, City Council expressed its concern regarding the fact that there was not any mitigation for employee units as part of the change in use process. The analysis presented as part of the staff memo indicated that there was a net reduction in employees from a lodge and restaurant use to the townhome use; therefore no mitigation was required. Although City Council gave final approval for the Fireside Lodge project, they indicated to staff that they believed that such a project found a "loophole" which they felt needed to be closed. They requested staff to process a text amendment to ensure that subsequent projects would be required to mitigate for the change -in -use by providing some affordable housing. BACKGROUND: In 1996, following a long series of forums and meetings with the local lodge owners and their representative, the City Council passed Ordinance 29 which established a small lodge lottery for those lodges zoned LP in the city. As a follow-up to that program, the council in early 1997 subsequently rezoned the LP lodges to the most contiguous underlying zoning, removing the LP zone, but making it an overlay. The following chart indicates the status of conversions and expansions by the small lodges (prior to the most recent action by the P&Z on May 5, 1998) under the Small Lodge Lottery program. Lodge Name Allocation Change -in -use Allocation still awarded Approval valid?* Brass Bed RC--6 2-bedroom Approved 2/18/97 Yes --Building units Permit issued Bell Mountain RC--3 4-bedroom Application Yes --Pending units received 8/ 15/97; change -in -use CC--7250 s.f. of pending approval approval and Building Permit commercial space issuance Crestahaus LE-40 additional Change -in -use Yes --Pending (Beaumont) lodge rooms application change -in -use submitted; applicant approval and modifications Building Permit pending issuance Fireside Lodge RC--2 4-bedroom Approved 5/20/97 Yes --Pending units Building Permit 2 5-bedroom issuance units Alpine Lodge LE--4 additional No change -in -use No. Allocation lodge rooms application expired February 6, submitted 1998. KEY: RC=Residential CC=Commercial LE=Lodge conversion conversion expansion *Please note that under Ord. 29 (which exempted these lodges from GMQS scoring and competition), the lodges have nine (9) months following the lottery date to file for a change -in -use approval from the Planning and Zoning Commission. A building permit must also be issued within eighteen (18) months of the lottery date in order to keep the allocations valid. The Planning and Zoning Commission does have the authority to extend these timeframes as provided in Section 26.100.050. Based on undeveloped allocations, the following pools are available for the final lottery in 1998: • 15 Free-market residential units (42 bedrooms) • 33 Lodge expansion units ( the P&Z allocated 7 lodge expansion units on 515198, leaving 26 units at the end of this final lottery) • 8,000 s.f. of office/commercial space 01 REQUEST: Staff is requesting that the City Council consider two modifications to the land use code: 1) Chapter 26.100 Growth Management Quota System, specifically Section 26.100.050 Exemptions; and 2) Chapter 26.104 Nonconformities, specifically Section 26.104.050 Lodge and hotel preservation. The first modification clarifies the intent of the City Council that free-market residences resulting from the change in use will be required to mitigate for employee housing, in a manner which is consistent with the ADU requirement presently in effect for residential redvelopment. The second modification addresses the language that previously dealt with nonconforming lodges (which most are) and which should have been modified by Ord. 29 so that conflicts between these two parts of the code are eliminated. PROPOSED REVISIONS: (New text is underlined; old text is stricken). Section 26.100.050 Exemptions [GMQS] D. Exemption by City of Aspen Planning and Zoning Commission. 1. General. a. Timing of exemption request. No development shall be considered for an exemption by the Community Development Director until a complete application has been submitted pursuant to section 26.52.070 of this Code. 2. Planning and Zoning Commission exemptions that are deducted from the annual allotment pool or from the metro area development ceilings. The following exemptions shall be deducted from the respective annual development allotment established pursuant to section 26.100.040 or from the metro area development ceilings established pursuant to section 26.100-.030. a. Change in use/lodge expansion. A change in use of any existing structure previously zoned LP to either commercial/office or residential use, or the expansion of an existing lodge previously zoned LP shall be exempt from growth management competition and scoring procedures, provided that.the following conditions are met: (1) The Planning and Zoning Commission determines in a public hearing 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 Dwellin,g Unit LADU) per free-market residence. For purposes of this section a lodge shall be deemed to be demolished if less than fifty (50) percent of the existing structure remains in place (2) The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be provided for the change in use or expansion or cash -in - lieu will be used; 3 (3) The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood; (4) The Planning and Zoning Commission determines in a public hearing that adequate public facilities exist or will be provided for the change in use of the existing neighborhood; (5) No zone change is required. (6) The proposal is consistent with the Aspen Area Community Plan. The proposed conversion or expansion will be deducted from the appropriate GMQS Lodge Conversion or Expansion Pool, pursuant to section 26.100.040. Process for allocations. An annual lottery held during a regularly scheduled Commission meeting shall be established for lodges requesting conversion or expansion. Each lodge can apply for inclusion in the lottery. Each lodge selected in the pool shall be allowed to go through the change in use process. Separate lotteries shall be held for free market conversion, expansion or commercial/office use. The total number of lodges allowed to be selected in the lottery shall be based on the potential buildout available for the selected lodge. For example, each lodge has a potential buildout based on underlying zoning that determines the number of free market homes possible on each property, as well as the allowed square footage of commercial or office space. As the lottery progresses, a running total of potential buildout units or commercial/office square footage as determined by underlying zoning, shall be kept. Once the total allowable GMQS allocations for lodge expansion or conversion is reached or exceeded by the last selected lodge, one additional lodge applying for change in use shall be selected and the lottery shall end. If the total number of free market units or non-residential square footage allowable under underlying zoning are not awarded through the annual change in use process, the last selected lodge can apply for the change in use process for these remaining allocations. Multi -year allocations can be awarded if the Commission approves a change in use application for the units that exceed the annual quota, and the following years allocations shall be adjusted accordingly. Any allocations left following all change in use applications shall be returned to the pool for future allocation. Potential lodge expansion units for 1996 shall be eleven (11) lodge units. Subsequent years lodge allocations shall be determined by the conversion formula and the number of free market conversion units approved by the Planning and Zoning Commission during the previous year, as described in Section 26.100.040. This shall be determined by the Community Development Director. In order to prevent speculation or residential quota banking, a lodge awarded residential allocations would be required to apply for a land use application for a change in use within nine (9) months of the lottery date, followed by the securing of an active building permit and an abandonment of the lodge use within eighteen (18) months of the lottery date. If no land use application is submitted within nine (9) months from the date of the lottery, no quota received will revert to the next lottery winner. If no building permit is issued within eighteen (18) months, the units awarded would be added to the 4 next GMQS pool, and the lodge can not compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. The deadline established above for building permits and land use submittals are not required for commercial allocations until all necessary quotas for a project are secured, whereupon a lodge awarded the full allocation necessary for its project would be required to submit a land use application for a change in use within nine (9) months of the lottery date on which all necessary quotas were obtained, followed by the securing of an active building permit, and an abandonment of the lodge use within eighteen (18) months of the lottery date on which all necessary quotas were obtained. If no land use application is submitted within nine (9) months, or no building permit is issued within eighteen (18) months of the lottery date on which all necessary quotas were obtained, the units awarded will be added to the next GMQS pool, and the lodge could not compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. An extension of the nine (9) month or eighteen (18) month deadline can only be granted by the Planning and Zoning Commission based on a good faith effort on the part of the applicant to file an application or obtain a building permit. A mixed use residential and commercial development, where permitted by underlying zoning, would require the residential component of the project to be developed within the time limits imposed on residential development, as outlined above, even if it requires the phasing of the development project. The schedule for application for the change in use or lodge expansion lottery for 1996 are as follows: November 15, 1996 -- Conversion of previously zoned LP properties to free market units November 15, 1996 -- Conversion of previously zoned LP properties to non- residential uses November 15, 1996 -- Expansion of lodges previously zoned LP. For 1997 and 1998, the schedule for application for change -in -use shall be established by the Community Development Director. (Ord. No. 54-1994; Ord. No. 49-1995, § 2; Ord. No. 29-1996 § 7: Code § 8-105) Section 26.104.050 Lodge and Hotel Preservation [Nonconformities] MOVIE ..� ..- --- ". - - •. • • • M. -OIIZ ME- . . _ . . • .MLVA • . _ . . . . . . . IAN• • X.A. • . • •Will . • I . . . • . . . • . . • . NO . I♦ • - • • • . . . . t • • • • . • . . . . . . . . . . . _ • . . NMI• I• : t • _ . • . - • • •MMM . • • t • . is AM _ . . . " • _ • • t • • ♦ • I NOW• . • • • • - .mils • r: • : . . ♦ • . . • • Am • • offmff�. • . I . Min. W.- • t .INNER- • • • • . • t . . t . • . . • • I . ' • . . • • . . •0.1r. . . tr . • t . . . . • . I • • . . I WW • . _ . . , . • WA WOILVIMUS• VAVA. . • t • •NMI • y ISMIN • . • . .0. _ • t I WEI • t I . . ,.A♦ • • . • • t • " • • .. . • • t t • • . . • �■ t . • . -AV... • . • . • • I I WE WAEM. . . • • • • . . ♦ ♦ • _ • .Rkfill • • • • • • • • • . . _ • . • I • .. • • Is • • . • W . • . • • • t . • . . •REAL. t • t . • . . • • • . pi . _ . • No 01, t t ._ . . . .• WPM." M.9 Mr. OWN.- . - . • _ . . . . . • . . • MIN • . . • • WEE - .kv WA IIIW� MIN A ': .. :- A AM .. ..Alma . M.M.. Iii- . - . • . . • • - - - - • - - - - .: . _ _ • . .:. _ . . .. Y • _ STANDARDS OF REVIEW In reviewing an amendment to the text of the land use code or an amendment to the official zone district map, the city council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. The proposed amendments are not in conflict with any applicable portions of the land use code. The amendments are intended to eliminate the conflicts between two different sections of the code, and to clarify the intent of the city council in requiring housing mitigation for those lodges that convert to free-market residential use. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. The AACP specifically addresses lodges under the commercial/Retail Action Plan. The plan recommends "Revise the Lodge Preservation zone district to allow a range of mitigation and allow for minor expansion with less mitigation required in order to maintain the small lodge inventory in the community.: Staff believes that the proposed amendment is consistent with this policy as there is more incentive to expand the lodge use rather than a wholesale demolition and change in use to free-market residential where 60% housing mitigation would specifically be required. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. The proposed amendment is proposed to clarify the intentions of the change -in -use and expansion of the city's small lodges and will not adversely affect surrounding zone districts and land uses. D. The effect of the proposed amendment on traffic generation and road safety. Though the amendment could result in more affordable housing provided on -site which could generate traffic, it is not likely that such an amendment will result in traffic generation in excess of the original lodge use. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed 7 amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Existing lodges eligible to participate in the small lodge lottery are located within the city limits where public facilities and services are present. The proposed amendment could result in the generation of school -aged children which may have an impact on the school district. However, most category units are studios and one -bedroom units which are geared toward single people rather than families. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. The proposed amendment will not have adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. The proposed amendment would strengthen the community character by providing additional housing opportunities for employees within the city of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. The amendment applies to all lodges with an LP overlay. In order to ensure adequate housing for employees who will have a presence in the city's neighborhoods, this amendment should have a positive influence on the surrounding neighborhoods. L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. The proposed amendment would not be in conflict with the public interest, but may be in conflict with the interests of the small lodge owners desiring conversion to free-market residences. PROCEDURE FOR AMENDMENT: A development application for an amendment to the land use code or the official zone district map shall be reviewed and recommended for approval, approval with conditions or disapproval by the commission at a public hearing, and then approved, approved with conditions, or disapproved by the city council at a public hearing. PLANNING AND ZONING COMMISSION RECOMMENDATION: At the Planning and Zoning Commission's hearing on April 21, 1998, the commission recommended an alternative motion which was that if a demolished lodge is converted to free-market residences, that it be required to provide an accessory dwelling unit (ADU) as required mitigation. The proposed new language to Section 26.100.050 GMQS would read as follows: (1) The Planning and Zoning Commission determines in a public hearing 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 be required to provide an accessory dwelling unit (ADU) as required mitigation for each new free-market residence. For purposes of this section, a lodge shall be deemed to be demolished if less than fifty (50) percent of the existing structure remains in place. (2) The commission further recommended approval of the deletion of Section 26.104.050 Lodge and hotel preservation as it is in direct conflict with Ord. 29, Series of 1996. (3) Finally, the commission also recommended that the small lodge lottery program be extended for a few more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences. The commission did not address whether the ADU would require occupancy as they were informed that an entire revamping of the ADU program was being considered as another subsequent text amendment. RECOMMENDATION: If City Council believes that the intent of the small lodge lottery program is to require housing mitigation for free-market residences, even when impacts are less than the existing lodge; and that the required employee mitigation for a change -in -use shall be to provide one accessory dwelling unit (ADU) per free-market residence when a lodge is demolished for the purpose of developing free-market residences, then it is appropriate to approve the text amendements as provided in this staff report and Ordinance No. .—&'2- , Series of 1998. In addition, if Council believes that lodge owners need additional time to evaluate the amended change -in -use provisions for the LP lottery program, direct staff to modify the Code to extend the small lodge lottery program for two more years. RECOMMENDED MOTION: [ADU as mitigation; deletion of nonconforming section; and small lodge lottery program extended to 2000] : "I move to approve on first reading, Ordinance No. &�Z.. , Series of 1998, modified text amendments to Section 26.100.050 GMQS and Section 26.104.050 Lodge and hotel preservation. City Council further directs staff to process the necessary text amendments to allow the small lodge lottery program to be extended for two (2) more years, to year 2000." CITY MANAGER'S COMMENTS: Attachments: Ordinance No.�.Jo�. , Series of 1998 ORDINANCE N0. 35 (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICT, SECTION 26.28.320 OF THE ASPEN MUNICIPAL CODE WHEREAS, property owners of land within the Lodge Preservation Overlay (LP) Zone District expressed concerns about the dimensional requirements of the zone, and raised their concerns with the Planning and Zoning Commission during a worksession; and, WHEREAS, the Planning and Zoning Commission requested the Community Development Department (staff) to bring forward a proposed amendment to the LP Zone District to allow for more flexibility with regards to the dimensional requirements; and, WHEREAS, staff brought forward, pursuant to Section 26.92, a code amendment to the text of the LP Zone District to allow the dimensional requirements for a property, including parking standards, to be modified by the Commission through the Special Review land use process; and, WHEREAS, pursuant to Section 26.92, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and approved, approved with conditions, or denied by the City Council at a public hearing after recommendations from the Planning Director and the Planning and Zoning Commission are considered; and, WHEREAS, the Planning and Zoning Commission held a worksession on the topic April 7, 1998, opened a duly noticed public hearing on June 30, 1998, took and considered public comment, and recommended, by a 5-0 vote, City Council approve the proposed amendment to the LP Zone District as described herein; and, WHEREAS, City Council has reviewed and considered the recommendations of the Planning Director and the Planning and Zoning Commission and has taken and considered public comments during a duly noticed public hearing held on this day of 1998; and, WHEREAS, the City Council finds that the amendments to the Lodge Preservation Overlay (LP) Zone District meets or exceeds all applicable standards and that the approval 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 public health, safety, and welfare purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Ordinance No. , Series 1998 Page 1 Section 1: That it does hereby amend Section 26.26.320 of the Aspen Municipal Code, Lodge Preservation Overlay (LP) Zone District, with the text found in Section Two, below, of this Ordinance. This text shall replace in whole sub -sections "D - Dimensional Requirements" and "E - Off-street Parking Requirement" of the previous text of the LP Zone District. Section 2: Amended Text: 26.28.320 Lodge Preservation Overlay (LP) D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the LP Overlay Zone District unless otherwise established through Special Review, pursuant to Section 26.64. 1. Minimum lot size (square feet): No requirement 2. Minimum lot area per dwelling unit (square feet): No requirement 3. Minimum lot width (feet): No requirement 4. Minimum front yard (feet): 10 5. Minimum side yard (feet): 5 6. Minimum rear yard (feet): 10 7. Maximum height (feet): 25 8. Minimum distance between principal and accessory buildings (feet): 10 9. Percent open space required for building site: 35 10. Floor area ratio: 1: 1. E. Off-street parking requirement. Unless otherwise established through Special Review, pursuant to Section 26.64, the following off-street parking spaces shall be provided for each use in the LP overlay zone district, subject to the provisions of Chapter 26.32 of this Code. 1. Residential use: Two (2) spaces/dwelling unit. One (1) space/ is required if the unit is either a studio or one -bedroom unit. 2. Lodge use: 0.7 spaces/bedroom. 3. All other uses: 4 spaces/1000 square feet of net leasable area. Section 3: Pursuant to Section 26.52.080(D) of the Municipal Code, the City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. Section 4: 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. Ordinance No. , Series 1998 Page 2 Section 5: 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 6: 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. Section 7: A public hearing on the Ordinance shall be held on the day of , 1998 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 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 this day of , 1998. Approved as to form: City Attorney Attest: Kathryn S. Koch, City Clerk Ordinance No. , Series 1998 Page 3 Approved as to content: John Bennett, Mayor ORDINANCE N0.32 (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY 0 APPROVING AN AMENDMENT TO CHAPTER 26 01 CODE, LAND USE REGULATIONS, SECTION 26 EXEMPTIONS, RELATED TO THE GROWTH MANS SYSTEM; AND THE DELETION OF SECTION 26.104.05( PRESERVATION, RELATED TO NONCOM LODGES AND HOTELS. WHEREAS, The Community Development Departmenl 1 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 1 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, THEREFORE, 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 hearing 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, torn 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 hearing on the Ordinance shall be held on the 28th 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 51998. Approved as to form: Approved as to content: City Attorney John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1998. Approved as to form: Approved as to content: City Attorney John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk ning\tspen\ord\Idgtexc.doc 3 Properties Zoned LP; Bavarian Inn Christiania Lodge Copper Horse Christmas Inn Boomerang Lodge Innsbruck Inn Cortina Molly Gibson Lodge St. Moritz Lodge Shadow Mountain Lodge Hearthstone House Snow Queen Lodge Mountain House Lodge Bell Mountain Lodge Brass Bed Inn Alpine Lodge Northstar The Beaumont Inn Hotel Lenado Aspen Bed and Breakfast Hotel Aspen MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager Stan Clauson, Director of Community Development FROM: Bob Nevins, Senior Planner DATE: July 15, 1998 RE: Text Amendments to Sections 26.100.050 GMQS Exemptions and 26.104.050 Nonconformities-Lodge and hotel preservation (1 st Reading) SUMMARY: The Fireside Lodge, located at Cooper and First Streets, was approved for a change -in -use for two (2) four -bedroom and two (2) five -bedroom allotments through the small lodge lottery program. During the approval process, City Council expressed its concern regarding the fact that there was not any mitigation for employee units as part of the change in use process. The analysis presented as part of the staff memo indicated that there was a net reduction in employees from a lodge and restaurant use to the townhome use; therefore no mitigation was required. Although City Council gave final approval for the Fireside Lodge project, they indicated to staff that they believed that such a project found a "loophole" which they felt needed to be closed. They requested staff to process a text amendment to ensure that subsequent projects would be required to mitigate for the change -in -use by providing some affordable housing. BACKGROUND: In 1996, following a long series of forums and meetings with the local lodge owners and their representative, the City Council passed Ordinance 29 which established a small lodge lottery for those lodges zoned LP in the city. As a follow-up to that program, the council in early 1997 subsequently rezoned the LP lodges to the most contiguous underlying zoning, removing the LP zone, but making it an overlay. The following chart indicates the status of conversions and expansions by the small lodges (prior to the most recent action by the P&Z on May 5, 1998) under the Small Lodge Lottery program. Lodge Name Allocation Change -in -use Allocation still awarded Approval valid?* Brass Bed RC--6 2-bedroom Approved 2/18/97 Yes --Building units Permit issued Bell Mountain RC--3 4-bedroom Application Yes --Pending units received 8/15/97; change -in -use CC--7250 s.f. of pending approval approval and commercial space Building Permit issuance Crestahaus LE--10 additional Change -in -use Yes --Pending (Beaumont) lodge rooms application change -in -use submitted; applicant approval and modifications Building Permit pending issuance Fireside Lodge RC--2 4-bedroom Approved 5/20/97 Yes --Pending units Building Permit 2 5-bedroom issuance units Alpine Lodge LE-4 additional No change -in -use No. Allocation lodge rooms application expired February 6, submitted 1998. KEY: RC=Residential CC=Commercial LE=Lodge conversion conversion expansion *Please note that under Ord. 29 (which exempted these lodges from GMQS scoring and competition), the lodges have nine (9) months following the lottery date to file for a change -in -use approval from the Planning and Zoning Commission. A building permit must also be issued within eighteen (18) months of the lottery date in order to keep the allocations valid. The Planning and Zoning Commission does have the authority to extend these timeframes as provided in Section 26.100.050. Based on undeveloped allocations, the following pools are available for the final lottery in 1998: • 15 Free-market residential units (42 bedrooms) • 33 Lodge expansion units ( the P&Z allocated 7 lodge expansion units on 515198, leaving 26 units at the end of this final lottery) • 8,000 s.f. of office/commercial space 2 REQUEST: Staff is requesting that the City Council consider two modifications to the land use code: 1) Chapter 26.100 Growth Management Quota System, specifically Section 26.100.050 Exemptions; and 2) Chapter 26.104 Nonconformities, specifically Section 26.104.050 Lodge and hotel preservation. The first modification clarifies the intent of the City Council that free-market residences resulting from the change in use will be required to mitigate for employee housing, even if the impacts are less than the lodge use. The second modification addresses the language that previously dealt with nonconforming lodges (which most are) and which should have been modified by Ord. 29 so that conflicts between these two parts of the code are eliminated. PROPOSED REVISIONS: (New text is underlined; old text is stricken). Section 26.100.050 Exemptions [GMQS] D. Exemption by City of Aspen Planning and Zoning Commission. 1. General. a. Timing of exemption request. No development shall be considered for an exemption by the Community Development Director until a complete application has been submitted pursuant to section 26.52.070 of this Code. 2. Planning and Zoning Commission exemptions that are deducted from the annual allotment pool or from the metro area development ceilings. The following exemptions shall be deducted from the respective annual development allotment established pursuant to section 26.100.040 or from the metro area development ceilings established pursuant to section 26.100.030. a. Change in use/lodge expansion. A change in use of any existing structure previously zoned LP to either commercial/office or residential use, or the expansion of an existing lodge previously zoned LP shall be exempt from growth management competition and scoring procedures, provided that the following conditions are met: (1) The Planning and Zoning Commission determines in a public hearing 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. For purposes of this section, a lodge shall be deemed to be demolished if less than fifty. (percent of the existing structure remains in place. (2) The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be provided for the change in use or expansion or cash -in - lieu will be used; (3) The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood; (4) The Planning and Zoning Commission determines in a public hearing that adequate public facilities exist or will be provided for the change in use of the existing neighborhood; (5) No zone change is required. (6) The proposal is consistent with the Aspen Area Community Plan. The proposed conversion or expansion will be deducted from the appropriate GMQS Lodge Conversion or Expansion Pool, pursuant to section 26.100.040. Process for allocations. An annual lottery held during a regularly scheduled Commission meeting shall be established for lodges requesting conversion or expansion. Each lodge can apply for inclusion in the lottery. Each lodge selected in the pool shall be allowed to go through the change in use process. Separate lotteries shall be held for free market conversion, expansion or commercial/office use. The total number of lodges allowed to be selected in the lottery shall be based on the potential buildout available for the selected lodge. For example, each lodge has a potential buildout based on underlying zoning that determines the number of free market homes possible on each property, as well as the allowed square footage of commercial or office space. As the lottery progresses, a running total of potential buildout units or commercial/office square footage as determined by underlying zoning, shall be kept. Once the total allowable GMQS allocations for lodge expansion or conversion is reached or exceeded by the last selected lodge, one additional lodge applying for change in use shall be selected and the lottery shall end. If the total number of free market units or non-residential square footage allowable under underlying zoning are not awarded through the annual change in use process, the last selected lodge can apply for the change in use process for these remaining allocations. Multi -year allocations can be awarded if the Commission approves a change in use application for the units that exceed the annual quota, and the following years allocations shall be adjusted accordingly. Any allocations left following all change in use applications shall be returned to the pool for future allocation. Potential lodge expansion units for 1996 shall be eleven (11) lodge units. Subsequent years lodge allocations shall be determined by the conversion formula and the number of free market conversion units approved by the Planning and Zoning Commission during the previous year, as described in Section 26.100.040. This shall be determined by the Community Development Director. In order to prevent speculation or residential quota banking, a lodge awarded residential allocations would be required to apply for a land use application for a change in use within nine (9) months of the lottery date, followed by the securing of an active building permit and an abandonment of the lodge use within eighteen (18) months of the lottery date. If no land use application is submitted within nine (9) months from the date of the lottery, no quota received will revert to the next lottery winner. If no building permit is issued within eighteen (18) months, the units awarded would be added to the il next GMQS pool, and the lodge can not compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. The deadline established above for building permits and land use submittals are not required for commercial allocations until all necessary quotas for a project are secured, whereupon a lodge awarded the full allocation necessary for its project would be required to submit a land use application for a change in use within nine (9) months of the lottery date on which all necessary quotas were obtained, followed by the securing of an active building permit, and an abandonment of the lodge use within eighteen (18) months of the lottery date on which all necessary quotas were obtained. If no land use application is submitted within nine (9) months, or no building permit is issued within eighteen (18) months of the lottery date on which all necessary quotas were obtained, the units awarded will be added to the next GMQS pool, and the lodge could not compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. An extension of the nine (9) month or eighteen (18) month deadline can only be granted by the Planning and Zoning Commission based on a good faith effort on the part of the applicant to file an application or obtain a building permit. A mixed use residential and commercial development, where permitted by underlying zoning, would require the residential component of the project to be developed within the time limits imposed on residential development, as outlined above, even if it requires the phasing of the development project. The schedule for application for the change in use or lodge expansion lottery for 1996 are as follows: November 15, 1996 -- Conversion of previously zoned LP properties to free market units November 15, 1996 -- Conversion of previously zoned LP properties to non- residential uses November 15, 1996 -- Expansion of lodges previously zoned LP. For 1997 and 1998, the schedule for application for change -in -use shall be established by the Community Development Director. (Ord. No. 54-1994; Ord. No. 49-1995, § 2; Ord. No. 29-1996 § 7: Code § 8-105) Section 26.104.050 Lodge and Hotel 26.104.050 Lodge and hotel preservation .: .A 0' - .. .. _ RM WWW�. -: 1 . . • • . • . • . •• • .. • - . • . • • : - •.: • - . •- _ i.. ME IVWAWNR�WAI "Was- •. .- . -. . • . . • •• i • • - • • • . . • • . •. . i . . • - . I- _ .. . . . .. . . ..... .. . . - - .. .. .. Y P.T.1. - . . ... . .. . . - . a . - . . . . - . ' -MTM womp- -- - . - :" - .. • . r • 1 - . • . • • • . - • . 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Pill . . .. . . . . . . . . . ..- - .. . . . .. : . . . ... . .. . IF ArA.. F APIMMA. . .. . . . . . .MWANIIIII... .MW. STANDARDS OF REVIEW. In reviewing an amendment to the text of the land use code or an amendment to the official zone district map, the city council shall consider: A. Whether the proposed amendment is in conflict with any applicable Portions of this title. The proposed amendments are not in conflict with any applicable portions of the land use code. The amendments are intended to eliminate the conflicts between two different sections of the code, and to clarify the intent of the city council in requiringhousing ousing mitigation for those lodges that convert to free-market residential use. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. The AACP specifically addresses lodges under the commercial/Retail Action Plan. The plan recommends "Revise the Lodge Preservation zone district to allow a range of mitigation and allow for minor expansion with less mitigation required in order to maintain the small lodge inventory in the community." Staff believes that the proposed amendment is consistent with this policy as there is more incentive to expand the lodge use rather than a wholesale demolition and change in use to free-market residential where 60% housing mitigation would specifically be required. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, - considering existing land use and neighborhood characteristics. The proposed amendment is proposed to clarify the intentions of the change -in -use and expansion of the city's small. lodges and will not adversely affect surrounding zone districts and land uses. D. The effect of the proposed amendment on traffic generation and road safety. Though the amendment could result in more affordable housing_ provided on -site which could generate traffic, it is not liked that such an amendment will result in traffic generation in excess of the original lodge use. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, includine but not limited to transportation facilities, sewage facilities, water supply, parks, drainaze, schools, and emerizency medical facilities. character in the City of Aspen. The proposed amendment would strengthen the community character by providing additional housing opportunities for employees within the city of Aspen. H. Whether there have been chanced conditions affecting the subrect parcel or the surrounding neighborhood which support the proposed amendment. The amendment applies to all lodges with. an LP overlay. In order to ensure adequate housing for employees who will have a presence in the city's neighborhoods, this amendment should have a positive influence on the surrounding neighborhoods. L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. The proposed amendment would not be in conflict with the public interest, but may be in conflict with the interests of the small lodge owners desiring conversion to free-market residences. PROCEDURE FOR AMENDMENT: A development application for an amendment to the land use code or the official zone district map shall be reviewed and recommended for approval, approval with conditions or disapproval by the commission at a public hearing, and then annroved, approved with conditions, or disapproved by the city council at a ublic hearing. PLANNING AND ZONING COMMISSION RECOMMENDATION: At the Planning and Zoning Commission's hearing on April 21, 1998, the commission recommended an alternative motion which was that if a demolished lodge is converted to free-market residences, that it be required to provide an accessory dwelling unit (ADU) as required mitigation. The proposed new language to Section 26.100.050 GMQS would read as follows: (1) The Planning and Zoning Commission determines in a public. hearing 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 be required to provide an accessory dwelling unit (ADU) as required mitigation for each new free-market residence. For purposes of this section, a lodge shall be deemed to be demolished if less than fifty (50) percent of the existing structure remains in place. (2) The commission further recommended approval of the deletion of Section 26.104.050 Lodge and hotel preservation as it is in direct conflict with Ord. 29, Series of 1996. (3) Finally, the commission also recommended that the small lodge lottery program be extended for a few more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences. The commission did not address whether the ADU would require occupancy as they were informed that an entire revamping of the ADU program was being considered as another subsequent text amendment. RECOMMENDATION: (1) If City Council believes that the intent of the small lodge lottery program is to require housing mitigation for free-market residences, even when impacts are less than the existing lodge; and that the required employee mitigation for a change -in -use shall be to provide one accessory dwelling unit (ADU) per free-market residence when a lodge is demolished for the purpose of developing free-market residences, then it is appropriate to approve the text amendements as provided in this staff report and Ordinance No. , Series of 1998. Two motions are presented to Council for consideration, both of which require ADUs as mitigation. Motion A ends the small lodge lottery program in 1998. Motion B extends the small lodge lottery program for two more years to 2000, as recommended by P&Z. MOTION A [AD U as mitigation; deletion of nonconforming section; and small lodge lottery program ending in 1998]: "I move to approve on first reading, Ordinance No. , Series of 1998, modified text amendments to Section 26.100.050 GMQS and Section 26.104.050 Lodge and hotel preservation. City Council also confirms that the small lodge lottery program ends in 1998." •' MOTION B [ADU as mitigation; deletion of nonconforming section; and small lodge lottery program extended to 2000]: " I move to approve on first reading, Ordinance No. , Series of 1998, modified text amendments to Section 26.100.050 GMQS and Section 26.104.050 Lodge and hotel preservation. City Council further directs staff to process the necessary text amendments to allow the small lodge lottery program to be extended for two (2) more years (to year 2000) to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences." 0 CITY MANAGER'S COMMENTS: Attachments: Ordinance No. , Series of 1998 g:\pl.mning\aspen\memos\lodgec c 10 Attachmi ORDINANCE N0. (SERIES OF 1998) AN pRDINANCE OF THE APPROVING AN AMEND ASPEN CITY co CODE LAND AMENDMENT TO CHAPTER 26 p UNCIL ' USE REGULATIONS F THE EXEMPTIONS, RELATED SECTION MUNICIPAL SYSTEM; AND THE DELFT TO THE GROWTg O 26.100.050 GMQS PRESERVATION ION OF SECTION 26.104.05 MANAGEMENT QUOTA HOTELS. RELATED TO NONCONFORMING LODGE AND NFORMING HOTEL LODGES AND WHEREAS, The Community recommended a Development Department developed, approval of an amendment to the land u reviewed and amendments to Chapter 26 relatingto use regulations, certain text the growth Management Section 26.100.050 GMQS Exem g ment quota system; and Section 26.10 ptlons, related to Preservation, related to nonconforming4. and Lodge lodges and hotels • g and Hotel WHEREAS ,and Pursuant to Section 26.92•030 Of the to Chapter 26 of the Code Municipal Code to wit, `� amendments recommended fora "Land Use Regulations," shall b approval by the Planning e reviewed and Commission at g Director and then by the Plannin a public hearing, and then g and Zoning disapproved by the Cityapproved, approved with conditions, Council at a public hearing; or WHEREAS, the Community and and recommended Development Department review mmended approval; and reviewed the proposal WHEREAS, the Planning and Z regular °ning Commission reviewed the g meeting on April 21, 1998, at �,�, application at its alternative hich the Commission approved b proposed text amendment re Y a �-0 vote an of a lodge requiring an ADLI as mitigation for t g and subsequent change_in-use to free-markethe demolition residential uses; and WHEREAS, the Aspen Cit Council ouncil has reviewed and considered text amendments, has reviewed and considered those recommendationsthe proposed Zoning Commission, and of the Planning has taken and considered ing and and, public comment at a public hearing; WHEREAS, the City Council consistent with finds that the text amendments the goals and elements of the as drafted are Aspen Area Community plan; and 1 WHEREAS, the City Council finds th at the housing mitigation for free-market residences should be an ADU as recommended by the Planning and Zonin C and that this is appropriate with the intentg ommission, of Ord. 29, Series of 1996; and WHEREAS, the City Council finds that this s Ordinance furthers and is necessa fo public health, safety, and welfare, rY r NOW, THEREFORE, 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 employee housing or cash -in -lieu will be provided fission determines in a generated by the change in use o p vided to mitigate for additional public hearing that r expansion. This shall include an analysis employees existing employee housing and the increment ' proposed conversion. The demolition al impact between the existing and credit for in use to residential use (other than f an existing lodge to accommodate e and the deed -restricted affordable housing) will the change_ provide an accessory dwelling unit (ADU as market residence. For Purposes ) required mitigation for g) will w required to if less than de 50 p p s of this section, a lodge shall be deemed t ach new free- market ( ) percent of the existing structure rem d to be demolished remains in place. Section 2: That Section 26.104.050 Lodge and Hote l Preservation be deleted in its entirety. Section 3; Y This Ordinance shall not affect an existin g ing litigation and shall not operate as an a batement of any action or proceeding now pending amended as herein rovid g under or by virtue of the ordinances re eale p ed, and the same shall be conducted and p d or Prior ordinances. concluded under such Section 4; If any section, subsection, sentence, claus e, phrase, or portion of this Ordinance is for reason held invalid or unconstitutional in a cou any rt 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. 2 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 hearing on the Ordinance shall be held on the _ day of , 1998 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 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 day of , 1998. Approved as to form: City Attorney Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Approved as to form: City Attorney Attest: Kathryn S. Koch, City Clerk Approved as to content: John Bennett, Mayor day of , 1998. Approved as to content: John Bennett, Mayor 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO WIT: SECTION 26.04.100 DEFINITION FOR LODGE; SECTION 26.28.210 LODGE PRESERVATION ZONE DISTRICT; SECTION 26.28.320 CREATION OF A LODGE OVERLAY ZONE DISTRICT; SECTION 26.52.010 COMMON DEVELOPMENT PROCEDURES; SECTION 26.100.040 ANNUAL RESIDENTIAL AND TOURIST ACCOMMODATIONS DEVELOPMENT ALLOTMENTS; SECTION 26.102.010 ANNUAL COMMERCIAL AND OFFICE DEVELOPMENT ALLOTMENTS; AND SECTION 26.100.050 GROWTH MANAGEMENT EXEMPTIONS. ORDINANCE 29, SERIES OF 1996 WHEREAS, Section 26.92.020 of the Municipal Code provides that 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 public hearing, and then approved, approved with conditions, or disapproved by the City Council at public hearing; and WHEREAS, the Planning Office has determined that the Lodge Preservation (LP) Zone District of the land use regulations are no longer in the best interests of the City of Aspen or the lodging community, and WI�REAS, the Planning Office recommends that certain sections of the Code be amended to allow lodge owners the ability to convert to other uses or expand lodges through the use of the exemption process and allocations provided for in the amendments to the Quota System (GMQS); and 1 WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments and did conduct public hearings thereon on July 16, 1996 and July 30, 1996; and WHEREAS, upon review and consideration of the text amendments, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Division 92 (Text Amendments), the Planning and Zoning Commission has recommended approval of the text amendments recommended by the Planning Director pursuant to procedure as authorized by Section 26.92.030 of the Municipal Code; and WHEREAS, the Aspen City Council has reviewed and considered the text amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the text amendments meet or exceed all applicable development standards and is consistent with the goals and elements of the Aspen Area Community Plan; specifically policy 912 in the Commercial/Retail Action Plan which reads as follows: " Revise the Lodge Preservation Zone District to allow a range of mitigation and allow for minor expansion with less mitigation required in order to maintain the small lodge inventory in the community. "; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare; and WHEREAS, the City Council finds that the proposed text amendments will allow the expansion and conversion of existing lodge uses, will promote compatibility of zone districts and 2 land uses with existing land uses and neighborhood characteristics, and will be consistent with the public welfare and the purposes and intent of Chapter 24 of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section I: Pursuant to Section 26.92.020 (Standards of Review) of the Municipal Code, the City Council finds as follows in regard to the text amendments: 1. The proposed text amendments as set forth in the Plan are not in conflict with the provisions of Chapter 26 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed text amendments will promote the public interest and character of the City of Aspen. Section 2: Section 26.04.100 of Chapter 26 of the Aspen Municipal Code is amended to add a definition of "Lodge", which text shall read as follows: Lodge means a building previously zoned Lodge Preservation (LP) containing three (3) or more individual rooms for the purpose of providing lodging facilities on a short or long-term basis, for compensation, with or without meals, and which has common facilities for reservation and cleaning services, and on -site management and reception. A lodge may include kitchens within individual rental units. Section 3: Section 26.28.210 of Chapter 24 of the Aspen Municipal Code which established the Lodge Preservation (LP) Zone District is hereby repealed in it's entirety. Section 4: Section 26.28 of the Aspen Municipal Code, is hereby amended to add a Lodge Preservation Overlay Zone District which text shall read as follows: 26.28.320 Lodge Preservation Overlay Zone District A. Purpose: The purpose of the Lodge Preservation (LP) Overlay Zone District is to provide for and protect small lodge uses in areas historically used for lodge accommodations, to permit expansion of these lodges when such expansions are compatible with neighboring 3 properties, and provide an incentive for upgrading existing lodges on -site or onto adjacent properties. B. Permitted Uses. The following uses are permitted as of right in the LP Overlay Zone District. 1. Lodge Units; 2. Boarding House; 3. Dormitory; 4. Accessory use facilities intended for guests of permitted lodge units, boarding house or dormitory, which are commonly found in association and are for guests only, including office, lounge, kitchen, dining room, laundry and recreational facilities; 5. Affordable housing for employees of the lodge; 6. Accessory buildings and uses. 7. Condominiumization, with the requirement that the lodge must maintain management facilities and make the unit available for short-term rentals through ACRA for 50% of a calendar year. C. Conditional Uses. The following uses are permitted in the LP Overlay Zone District, subject to the standards and procedures established in Chapter 26.60. 1. Restaurant included within a lodge operation serving guests and others; 2. Timesharing; 3. Affordable Housing. D. Dimensional Requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the LP Overlay Zone District. 1. Minimum lot size (square feet): No Requirement 2. Minimum lot area per dwelling unit (square feet): No Requirement 3. Minimum lot width (feet): No Requirement 4. Minimum front yard (feet): 10 5. Minimum side yard (feet): 5 6. Minimum rear yard (feet): 10 7. Maximum height (feet): 25 8. Minimum distance between principal and accessory buildings (feet): 10 9. Percent Open Space required for building site: 35 (Can be varied by special review pursuant to Section 26.64) 10. External Floor Area Ratio: Established by special review pursuant to Section 26.64, not to exceed 1:1. 11. Internal Floor Area Ratio: Lodge Rental Space: Maximum of. 75:1, which can be increased to 1:1 internal FAR of lodge rental space provided that 33.3% of the additional floor 4 area is approved for residential use restricted to affordable housing for employees of the lodge. E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the LP overlay zone district, subject to the provisions of Chapter 26.32. 1. Lodge Use: 0.7 spaces/bedroom, of which 0.2 spaces per bedroom can be provided via a payment in lieu pursuant to Chapter 26.64. 2. All other uses: 4 spaces/1000 square feet of net leasable area. Section 5: Section 26.100.040 of the Aspen Municipal Code, Annual Development Allotments, is hereby amended which text shall be inserted into the existing allocation table and shall read as follows: . Allotments Development Types 1996 1997 1998 Tourist Accommodations, Lodge Expansion Associated 11 Free Afarket residential, Lodge Conversion Associated 14 7 7 * The number of allotments for lodge expansion for 1997 and 1998 allocations shall be determined by the Community Development Director using the following formula: A = B- (C*D) A Small Lodge Expansion Pool Available Annually for 1997 and 1998 B = Number of Lodge Units Converted through the LP Change -In -Use for the Previous Year C = Free Market Units Allocated through the LP Change In Use for the Previous Year D = Impact Conversion Factor of 2.5 Lodge Units per Free Market Unit Section 6: Section 26.102.030 of Chapter 26 of the Aspen Municipal Code, Commercial and Office Development Annual Development Allotments, is amended to include a new section, which text shall read as follows: 5 A. 5. 4, 000 square feet a year of net leasable commercial and office space for properties previously zoned Lodge Preservation (LP), and compliance with Section 26.100.050 "Change in Use/Expansion of Lodges". Section 7: Section 26.100.050 of Chapter 26 of the Aspen Municipal Code, Growth Management Exemptions is hereby amended to add an additional exemption, which text shall read as follows: C. Exemption by City of Aspen Planning and Zoning Commission. 1. General. a. Timing of Exemption Request. No development shall be considered for an exemption by the Community Development Director until a complete application has been submitted pursuant to Section 26.52.070. 2. Planning and Zoning Commission exemptions that are deducted from the annual allotment pool or from the metro area development ceilings. The following exemptions shall be deducted from the respective annual development allotment established pursuant to Section 26.100.040 or from the metro area development ceilings established pursuant to Section 26.100.030. a. Change in UselEodge Expansion. A change in use of any existing structure previously zoned LP to either commercial/office or residential use, or the expansion of an existing lodge previously coned LP shall be exempt from growth management competition and scoring procedures, provided that the following conditions are met: 1) The Planning and Zoning Commission determines in a public hearing 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; 2) The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be provided for the change in use or expansion or cash -in - lieu will be used, 3) The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood; 4) The Planning and Zoning Commission determines in a public hearing that adequate public facilities exist or will be provided for the change in us of the existing neighborhood, N. 5) No zone change is required. 6) The proposal is consistent with the Aspen Area Community Plan The proposed conversion or expansion will be deducted from the appropriate GMQS Lodge Conversion or Expansion Pool, pursuant to Section 26.100. 0,40. Process for Allocations An annual lottery held during a regularly scheduled Commission meeting shall be established for lodges requesting conversion or expansion. Each lodge can apply for inclusion in the lottery. Each lodge selected in the pool shall be allowed to go through the change in use process. Separate lotteries shall be held for free market conversion, expansion or commercial/office use. The total number of lodges allowed to be selected in the lottery shall be based on the potential buildout available for the selected lodge. For example, each lodge has a potential buildout based on underlying zoning that determines the number of free market homes possible on each property, as well as the allowed square footage of commercial or office space. As the lottery progresses, a running total of potential buildout of units or commercial/office square footage as determined by underlying zoning, shall be kept. Once the total allowable GiWQS allocations for lodge expansion or conversion is reached or exceeded by the last selected lodge, one additional lodge applying for change 'in use shall be selected and the lottery shall end. If the total number of free market units or non-residential square footage allowable under underlying zoning are not awarded through the annual change in use process, the last selected lodge can apply for the change in use process for these remaining allocations. Multi year allocations can be awarded if the Commission approves a change in use application for the units that exceed the annual quota, and the following years allocations shall be adjusted accordingly. Any allocations left following all change in use applications shall be returned to the pool for future allocation. Potential lodge expansion units for 1996 shall be 11 lodge units. Subsequent years lodge allocations shall be determined by the conversion formula and the number offree market conversion units approved by the Planning and Zoning Commission during the previous year, as described in Section 26.100. 040. This shall be determined by the Community Development Director. In order to prevent speculation or residential quota banking, a lodge awarded residential allocations would be required to apply for a land use application for a change in use within nine (9) months of the lottery date, followed by the securing of an active building permit and an 7 abandonment of the lodge use within eighteen (18) months of the lottery date. If no land use application is submitted within nine (9) months from the date of the lottery, no quota received will revert to the next lottery winner. If no building permit is issued within eighteen (18) months, the units awarded would be added to the next GMQS pool, and the lodge can not compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. The deadline established above for building permits and land use submittals are not required for commercial allocations until all necessary quotas for a project are secured, whereupon a lodge awarded the full allocation necessary for its project would be required to submit a land use application for a change in use within nine (9) months of the lottery date on which all necessary quotas were obtained, followed by the securing of an active building permit, and an abandonment of the lodge use within eighteen (18) months of the lottery date on which all necessary quotas were obtained. If no land use application is submitted within nine (9) months, or no building permit is issued within eighteen (18) months of the lottery date on which all necessary quotas were obtained, the units awarded will be added to the next GMOS pool, and the lodge could not compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. An extension of the nine (9) month or eighteen (18) month deadline can only be granted by the Planning and Zoning Commission based on a good faith effort on the part of the applicant to file an application or obtain a building permit. A mixed use residential and commercial development, where permitted by underlying zoning, would require the residential component of the project to be developed within the time limits imposed on residential development, as outlined above, even if it requires the phasing of the development project. The schedule for application for the change in use or lodge expansion lottery for 1996 are as follows: November 15, 1996 - Conversion of previously zoned LP properties to Free Market Units November 15, 1996 - Conversion of previously zoned LP properties to Non -Residential Uses November 15, 1996 - Expansion of Lodges previously zoned LP. For 1997 and 1998, the schedule for application for change -in -use shall be established by the Community Development Director. Section 9: An application packet shall be developed by the Community Development Director by October 1, 1996, and shall be provided to each applicant at a pre -application conference consistent with Section 26.52.020. Section 10: 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 11: 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. Section 12: 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 13: A public hearing on the Ordinance was held on the 26th day of August, 1996 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 the day of 1996. John Bennett, Mayor 9 Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this -2(,,,7 day of zl'c 996. John ennett, Mayor Attest: Kathryn S. Koch, City Clerk File Location: C:\HOME\DAVEM\CASES\ORDINANC,LODGE29.DOC 10 THE CITY OF ASPEN MEMO FROM JULIE ANN WOODS, AICP DEPUTY DIRECTOR CITY PLANNING & ZONING f 130 SOUTH GALENA STREET ASPEN, COLORADO 81611_1975 i THE CITY OF ASPEN MEMO FROM JULIE ANN WOODS, AICP DEPUTY DIRECTOR CITY PLANNING & ZONING 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 PUBLIC NOTICE RE: SMALL LODGE TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, 1998 at a meeting to begin at 4:30 p.m. before the Aspen Planningand Zoning. 21, Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St. Aspen, consider amendments to Chapter 26.100 Growth Management Quota System, stem specifically Section 26.100.050 Exemptions as it relates to the change in use/lodge furexpansion for l existing lodges in the LP Overlay district. For further information, contact Julie Ann Woods at the Aspen/Pitkin Community Development Department, 130 S. Galena Aspen, CO (970) 920-5100. St., slSara Garton Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March 31, 1998 City of Aspen Account PUBLIC NOTICE RE: SMALL LODGE LOTTERY --ALLOCATION FOR LODGE EXPANSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 5, 1998 at a meeting to begin at 4:30 p.m. before the Aspen Planning and2oning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to allocate lodge expansions from the small lodge lottery applications received. For further information, contact Julie Ann Woods at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5100. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on April 18, 1998 City of Aspen Account r ASPEN PITKIN COMMUNITY DEVELOPMENT DEPARTMENT April 17, 1998 RE: Small Lodge Program Amendments Pending Dear Small Lodge Owner: Attached to this letter is a staff report that has been forwarded to the Aspen Planning and " Zoning Commission for their consideration at their April 21 st meeting. The proposed text amendment may affect you and your LP Overlay zoned property. The essence of the amendment is to provide for required affordable housing as part of any small lodge to residential conversion involving more than 50% demolition. You may want to attend this meeting, which is noticed as a public hearing, to inform the commission of any concerns you may have regarding this proposed amendment. Please be aware that once the commission takes action, the proposed amendment will be forwarded to the City Council for first reading, and a subsequent public hearing at second reading. Therefore, if you are unable to attend the hearing on the 21 st, there will be additional opportunity to express your concerns before the City Council. Though the commission's meeting starts at 4:30 PM in the City Council chambers of City' Hall, 130 S. Galena St., we anticipate that this hearing may not begin until approximately 6 PM. The agenda is also attached for your information. If you have any further questions regarding the proposed amendment, please feel free to contact me at (970)920-5100. Sincerely, Julie Ann Woods, A.I.C.P. Deputy Director 0 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5090 • FAx 970.920.5439 Printed on Recycled Paper TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Director of Community Developme FROM: Julie Ann Woods, Deputy Director DATE: April 21, 1998 RE: Text Amendments to Sections 26.100.050 GMQS Exemptions and 26.104.050 Nonconformities--Lodge and hotel preservation SUMMARY: The Fireside Lodge, located at Cooper and First Streets was approved for a change -in -use for two (2) four -bedroom and two (2) five -bedroom allotments through the small lodge lottery program. During the approval process, City Council expressed its concern regarding the fact that the Housing Office did not require any mitigation for employee units as part of the change in use process. The analysis presented as part of the staff memo indicated that there was a net reduction in employees from a lodge use to the townhome use and therefore no mitigation was required. Although City Council gave final approval for the Fireside Lodge project, they indicated to staff that they believed that such a project found a loophole which they felt needed to be plugged. They requested that staff process a text amendment to ensure that subsequent projects would be required to mitigate with affordable housing. BACKGROUND: In 1996, following a long series of forums and meetings with the local lodge owners and their representative, the City Council passed Ordinance 29 which established a small lodge lottery for those lodges zoned LP in the city. As a follow-up to that program, the council in early 1997 subsequently rezoned the LP lodges to the most contiguous underlying zoning, removing the LP zone, but making it an overlay. The following chart indicates the status of conversions and expansions by the small lodges to date under the Small Lodge Lottery program. Lodge Name Allocation Change -in -use Allocation still awarded Approval valid?* Brass Bed RC--6 2-bedroom Approved 2/18/97 Yes --Building units Permit issued Bell Mountain RC--3 4-bedroom Application Yes --Pending units received 8/15/97; change -in -use pending approval approval and CC--7250 s.f, of Building Permit commercial space issuance Crestahaus LE-4 0 additional Change -in -use Yes --Pending (Beaumont) lodge rooms application change -in -use submitted; applicant approval and modifications Building Permit pending issuance Fireside Lodge RC--2 4-bedroom Approved 5/20/97 Yes --Pending units Building Permit 2 5-bedroom issuance units Alpine Lodge LE-4 additional No change -in -use No. Allocation lodge rooms application expired February 6, submitted 1998. KEY: RC=Residential CC=Commercial LE=Lodge conversion conversion expansion *Please note that under Ord. 29 (which exempted these lodges from GMQS scoring and competition), the lodges have nine (9) months following the lottery date to file for a change -in -use approval from the Planning and Zoning Commission. A building permit must also be issued within eighteen (18) months of the lottery date in order to keep the allocations valid. The Planning and Zoning Commission does have the authority to extend these timeframes as provided in Section 26.100.050. As of today, and based on undeveloped allocations, it is anticipated that the following pools will be available for the last lottery in 1998: • 15 Free-market residential units (42 bedrooms) • 33 Lodge expansion units • 8,000 s.f. of office/commercial space N REQUEST: Staff is requesting that the Planning and Zoning Commission consider two modifications to the land use code: 1) Chapter 26.100 Growth Management Quota System, specifically Section 26.100.050 Exemptions; and 2) Chapter 26.104 Nonconformities, specifically Section 26.104.0.50 Lodge and hotel preservation. The first modification clarifies the intent of the City Council that free-market residences resulting from the change in use will be required to mitigate for employee housing, even if the impacts are less than the lodge use. The second modification addresses the language that previously dealt with nonconforming lodges (which most are) and. which should have been modified by Ord. 29 so that conflicts between these two parts of the code are eliminated. PROPOSED REVISIONS: (New text is underlined; old text is stricken). Section 26.100.050 Exemptions [GMQS] D. Exemption by City of Aspen Planning and Zoning Commission. 1. General. a. Timing of exemption request. No development shall be considered for an exemption by the Community Development Director until a complete application has been submitted pursuant to section 26.52.070 of this Code. 2. Planning and. Zoning Commission exemptions that are deducted from the annual allotment pool or from the metro area development ceilings. The following exemptions shall be deducted from the respective annual development allotment established pursuant to section 26.100.040 or from the metro area development ceilings established pursuant to section 26.100.030. a. Change in use/lodge expansion. A change in use of any existing structure previously zoned LP to either commercial/office or residential use, or the expansion of an existing lodge previously zoned LP shall be exempt from growth management competition and scoring procedures, provided that the following conditions are met: (1) The Planning and Zoning Commission determines in a public hearing 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 60% of the population generated by the free-market residences. For purposes of this section, a lodge shall be deemed to be demolished if less than fifty (50) percent of the existing structure remains in place. (2) The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be provided for the change in use or expansion or cash -in - lieu will be used; (3) . The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood; (4) The Planning and Zoning Commission determines in a public hearing that adequate public facilities exist or will be provided for the change in use of the existing neighborhood; (5) No zone change is required. (6) The proposal is consistent with the Aspen Area Community Plan. The proposed conversion or expansion will be deducted from the appropriate GMQS Lodge Conversion or Expansion Pool, pursuant*to section 26.100.040. Process for allocations. An annual lottery held during a regularly scheduled Commission meeting shall be established for lodges requesting conversion or expansion. Each lodge can apply for inclusion in the lottery. Each lodge selected in the pool shall be allowed to go through the change in use process. Separate lotteries shall be held for free market conversion, expansion or commercial/office use. The total number of lodges allowed to be selected in the lottery shall be based on the potential buildout available for the selected lodge. For example, each lodge has a potential buildout based on underlying zoning that determines the number of free market homes possible on each property, as well as the allowed square footage of commercial or office space. As the lottery progresses, a running total of potential buildout units or commercial/office square footage as determined by underlying zoning, shall be kept. Once the total allowable GMQS allocations for lodge expansion or conversion is reached or exceeded by the last selected lodge, one additional lodge applying for change in use shall be selected and the lottery shall end. If the total number of free market units or non-residential square footage allowable under underlying zoning are not awarded through the annual change in use process, the last selected lodge can apply for the change in use process for these remaining allocations. Multi -year allocations can be awarded if the Commission approves . a change in use application for the units that exceed the annual quota, and the following years allocations shall be adjusted accordingly. Any allocations left following all change in use applications shall be returned to the pool for future allocation. Potential lodge expansion units for 1996 shall be eleven (11) lodge units. Subsequent years lodge allocations shall be determined by the conversion formula and the number of free market conversion units approved by the Planning and Zoning Commission during the previous year, as described in Section 26.100.040. This shall be determined by the Community Development Director. In order to prevent speculation or residential quota banking, a lodge awarded residential allocations would be required to apply for a land use application for a change in use within nine (9) months of the lottery date, followed by the securing of an active building permit and an abandonment of the lodge use within eighteen (18) months of the lottery date. If no land use application is submitted within nine (9) months from the date of the lottery, no quota received will revert to the next lottery winner. If no building permit is issued within eighteen (18) months, the units awarded would be added to the M next GMQS pool, and the lodge can not compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. The deadline established above for building permits and land use submittals are not required for commercial allocations until all necessary quotas for a project are secured, whereupon a lodge awarded the full allocation necessary for its project would be required to submit a land use application for a change in use within nine (9) months of the lottery date on which all necessary quotas were obtained, followed by the securing of an active building permit, and an abandonment of the lodge use within eighteen (18) months of the lottery date on which all necessary quotas were obtained. If no land use application is submitted within nine (9) months, or no building permit is issued within eighteen (18) months of the lottery date on which all necessary quotas were obtained, the units awarded will be added to the next GMQS pool, and the lodge could not compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. An extension of the nine (9) month or eighteen (18) month deadline can only be granted by the Planning and Zoning Commission based on a good faith effort on the part of the applicant to file an application or obtain a building permit. A mixed use residential and commercial development, where permitted by underlying zoning, would require the residential component of the project to be developed within the time limits imposed on residential development, as outlined above, even if it requires the phasing of the development project. The schedule for application for the change in use or lodge expansion lottery for 1996 are as follows: November 15, 1996 -- Conversion of previously zoned LP properties to free market units November 15, 1996 -- Conversion of previously zoned LP properties to non- residential uses November 15, 1996 -- Expansion of lodges previously zoned LP. For.1997 and 1998, the schedule for application for change -in -use shall be established by the Community Development Director. (Ord. No. 54-1994; Ord. No. 49-1995, § 2; Ord. No. 29-1996 § 7: Code § 8-105) Section 26.104.050 Lodge and Hotel Preservation [Nonconformities] • --- - - -.- ..-.i�.�5. .. JIM-S-- - - - - - - .. cm - - -- - - .. . -wvmp■ .. ♦ ... .. IR PM .. . . . .. .. . •REFORM IF I . . :. .. • mom • : • . • : . . • Y.. . '-oving the faeility's non unit spaee. The Qin detefmining. appr-ove, approve. . of disappfove • . AL'. . . jl�l. 1 . • . 1 . . • " • . . . • . . . Y . . . . . • • . 1 • • . • 1 . . . • •EW - - • . 1 . • • • • • . . . 1 . . ,WAVAWSWflKVLWA . . . • . . 1 . . . . . • • . • •PIM _ - . • . • . . . . 1 - . . 1 . • . • • . . _ - . • . . 1 . • 5211. - 1WATTMTTMC . • . . . . • . • 1 . •_ • • . • . . V.. wo . 1 . ._ . • . . • . " . . . . . . . . Y . • . . • • • 1 •_ • •OW -1111 •: M-. ffk•.. ' - - - -. Ill III* WMEMMMMNL� - - - V -- .. ..or,•. MAIN- :' a MML��IMVI.Nf oil . . : .. 40A ftw&"V&�ffA�� Ul A 0 0 0 1. [AlmKovirew ,A*..- STANDARDS OF REVIEW. In reviewing an amendment to the text of the land use code or an amendment to the official zone district map, the commission and the city council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. The proposed amendments are not in conflict with any applicable portions of the land use code. The amendments are intended to eliminate the conflicts between two different sections of the code, and to clarify the intent of the city council in requiring housing. mitigation for those lodges that convert to free-market residential use. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. The AACP specifically addresses lodges under the commercial/Retail Action Plan. The plan recommends "Revise the Lodge Preservation zone district to allow a range of mitigation and allow for minor expansion with less mitigation required in order to maintain the small lodge inventory in the community." Staff believes that the proposed amendment is consistent with this policy as there is more incentive to expand the lodge use rather than a wholesale demolition and change in use to free-market residential where 60% housing mitigation would specifically be required. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. The proposed amendment is proposed to clarify the intentions of the change -in -use and expansion of the city's small lodges and will not adversely affect surrounding zone districts and land uses. D. The effect of the proposed amendment on traffic generation and road safety. Though the amendment could result in more affordable housing provided on -site which could generate traffic, it is not likely that such an amendment will result in traffic generation in excess of the original lodge use. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed 7 amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Existing lodges eligible to participate in the small lodge lottery are located within the city limits where public facilities and services are present. The proposed amendment could result in the generation of school -aged children which may have an impact on the school district. However, most category units are studios and one -bedroom units which are geared toward single people rather than families. F. . Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural. environment. The proposed amendment will not have adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. The proposed amendment would strengthen the community character by providing additional housing opportunities for employees within the city of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. The amendment applies to all lodges with an LP overlay. In order to ensure adequate housing for employees who will have a presence in the city's neighborhoods, this amendment should have a positive influence on the surrounding neighborhoods. L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. The proposed amendment would not be in conflict with the public interest, but may be in conflict with the interests of the small lodge owners desiring conversion to free-market residences. PROCEDURE FOR AMENDMENT: A development application for an amendment to the land use code or the official zone district map shall be reviewed and recommended for approval, approval with conditions or disapproval by the commission at a public hearing, and then approved, approved with conditions, or disapproved by the city council at a public hearing. RECOMMENDATION: If the Planning Commission agrees with the City Council that it was the intent of the small lodge lottery program to require housing mitigation for free- market residences, even when impacts are less than the existing lodge, then it would be appropriate to approve the text amendments as provided above. Alternatively, the commission could debate the merits of the small lodge lottery program and decide whether the program should be extended for a few more years beyond 1998.in order to evaluate the program with the revised mitigation requirement. With this being the last year for the small lodge lottery program, staff is concerned that the clarifying language regarding mitigation may be too onerous for lodge owners who may have contemplated a free-market residential change -of -use application for this final round, and may feel they have no alternative but to remain a lodge use. If the program was extended, 8 lodge owners would have more time to evaluate the pro -forma for a change -in -use with housing mitigation required. One last alternative could be considered is that the free-market residences be required to provide an accessory dwelling unit (ADU) as the required mitigation. MOTION: "I move to approve the text amendments to Section 26.100:050 GMQS and Section 26.104.050 Lodge and hotel preservation as set forth in the Community Development staff memo dated April 21, 1998, finding that the housing mitigation for free-market residences to be appropriate with the intent of Ord. 29, Series of 1996, and that the nonconforming section of the land use code pertaining to lodges and hotels should be eliminated as it is in direct conflict with Ord. 29, Series of 1996. The commission further finds that the text amendment is consistent with the AACP and the review criteria set forth in Section 26.92.020. The commission further recommends that the small lodge lottery program should be extended for a few more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences. " ALTERNATIVE MOTION 1: "I move to deny the text amendments to Section 26.100.050 GMQS Exemptions, as proposed, as the commission finds that with this being the last year for the small lodge lottery, and that housing mitigation was not intended for uses with less impacts, that this amendment should not be made at this time. I further move to approve the deletion of Section 26.104.050 Nonconforming Lodges and hotels as this is in direct conflict with Ord. 29, series of 1996." ALTERNATIVE MOTION 2: "I move to approve modified text amendments to VSection 26.100.050 GMQS as discussed at the Planning and Zoning Commission meeting v of April 21, 1998, finding that the housing mitigation for free market residences should be provided in the form of an ADU. I further move that Section 26.104.050 Lodge and hotel preservation should be eliminated from the nonconforming section of the land use Q� code as it is in direct conflict with Ord. 29, Series of 1996. The commission finds that this modified text amendment is consistent with the AACP and the review criteria set forth in Section 26.92.020. The commission further recommends that the small lodge lottery program should be extended for a few more years to allow adequate time for lodge owners to assess the implications of change -in -use to free-market residences. " g:\plaiiiiijig\ispeti\tiiciiios\lodge43 0 113 THE CITY OF ASPEN MEMO FROM JULIE ANN WOODS, AICP DEPUTY DIRECTOR , ! ✓ CITY PLANNING & ZONING 1 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975