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HomeMy WebLinkAboutordinance.council.032-88 ORDINANCE # 5X (Series of 1988) AN ORDINANCE AMENDING CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN WITH REGARD TO PROJECTS INVOLVING A HOTEL OR A MULTI-FAMILY DWELLING WHICH CONTAINS KITCHEN FACILITIES BUT OTHERWISE MEETS THE DEFINITION OF A HOTEL, AS FOLLOWS: -ADDING A NEW SUBSECTION B. TO SECTION 1-104 TO MAKE SUCH HOTELS OR MULTI-FAMILY DWELLINGS SUBJECT TO THE PROVISIONS OF CHAPTER 24, AS AMENDED HEREBY; -ADDING A SENTENCE TO SECTION 7-902 SO AS TO PROHIBIT A PLANNED UNIT DEVELOPMENT (PUD) DESIGNATION FOR SUCH HOTELS OR MULTI-FAMILY DWELLINGS ON LAND ZONED L/TR OR CL OR LANDS OF ANY ZONING DESIGNATION, OTHER THAN THE LP ZONE, IF THE PROPOSED PUD IS FOR SUCH A HOTEL OR MULTI-FAMILY DWELLING; -ADDING A NEW SUBSECTION D. TO SECTION 7-907 TO PREVENT ANY AMENDMENTS, OTHER THAN INSUBSTANTIAL AMENDMENTS FOR TECHNICAL OR ENGINEERING CONSIDERATIONS, TO BE ALLOWED TO EXISTING PUDs IN THE L/TR OR CL ZONE DISTRICTS OR, IF THE AMENDMENT IS FOR SUCH HOTELS OR MULTI-FAMILY DWELLINGS, LANDS OF ANY ZONING DISTRICT OTHER THAN LP ZONE; -ADDING A NEW SUBSECTION B.4. TO SECTION 8-107 TO .~: PROHIBIT AMENDMENTS, OTHER THAN INSUBSTANTIAL AMEND- ~ MENTS FOR TECHNICAL OR ENGINEERING CONSIDERATIONS, OF A \' DEVELOPMENT ORDER APPROVING A DEVELOPMENT ALLOTMENT ~ (GMP ALLOTMENT) FOR DEVELOPMENT IN THE L/TR OR CL ZONE DISTRICTS OR, IF THE AMENDMENT IS FOR SUCH HOTELS OR MULTI-FAMILY DWELLINGS, ANY OTHER ZONING DISTRICT OTHER THAN THE LP ZONE; -ADDING A NEW SUBSECTION A.4. TO SECTION 8-108 TO PROHIBIT EXTENSIONS OF DEVELOPMENT ORDERS APPROVING A DEVELOPMENT ALLOTMENT (GMP ALLOTMENT) FOR SUCH HOTELS OR MULTI-FAMILY DWELLINGS IN THE L/TR OR CL ZONE DISTRICTS OR IN ANY ZONE DISTRICT OTHER THAN THE LP ZONE; -ADDING TWO NEW SENTENCES TO SECTION 7-802 TO PROHIBIT AN SPA DESIGNATION ON LAND ZONED L/TR OR CL OR ANY ZONE WHERE THE PROPOSED DEVELOPMENT INVOLVES SUCH A HOTEL OR MULTI-FAMILY DWELLING; AND DEVELOPMENT OF SUCH A HOTEL OR MULTI-FAMILY DWELLING IN ANY EXISTING SPA DESIGNA- TION OR AMENDMENT OF ANY DEVELOPMENT APPROVAL OR ORDER FOR ANY EXISTING SPA DESIGNATION MUST OBTAIN FINAL SPA APPROVAL WHICH MUST THEN BE APPROVED BY A MAJORITY OF THE ELECTORS OF THE CITY VOTING ON THE APPROVAL OR AMENDMENT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Section 1-104, of the Municipal Code of the City of Aspen is hereby amended by the addition of a new subsection B to read as follows: Section 1-104 B. Applicability with respect to hotels. Regardless of any other provisions of this division, section or code, all pending development applications, pending building permit applications, or pending amendments to prior development approvals or orders which involve a hotel or a multi-family dwelling which contains kitchen facilities but otherwise meets the definition of a hotel shall be subject to the provisions of this Chapter 24 as amended and shall be reviewed under the provisions hereof. Section 2. Section 7-902, of the Municipal Code of the City of Aspen is hereby amended by the addition of a sentence to the end of that section to read as follows: Section 7-902 ... Regardless of any other provisions of this division, section or code, a planned unit development (PUD) designation may not be applied to land zoned L/TR or CL or lands of any zoning designation, other than the LP zone, which are proposed to be used for the construction of a hotel or a multi- family dwelling which contains kitchen facilities but otherwise meets the definition of a hotel. Section 3. Section 7-907, of the Municipal Code of the City of Aspen is hereby amended by the addition of a new subsection D. to read as follows: Section 7-907 D. Regardless of any other provisions of this division, section, or code, no amendments other than insubstan- tial amendments for technical or engineering considerations under Section 7-907A.shall be allowed to existing PUDs in the L/TR or CL zone districts or in any zoning district, other than the LP zone, where the PUD involves a hotel or a multi-family dwelling which contains kitchen facilities but otherwise meets the definition of hotel. Section 4. Section 8-107, of the Municipal Code of the City of Aspen is hereby amended by the addition of a new subsection B.4. ~to read as follows: Section 8-107 B.4. Regardless of any other provisions of this division, section or code, no amendment of a development order approving a development allotment shall be allowed for a development in the L/TR or CL zone districts or in any zoning district, other than the LP zone, where the development order involves a hotel or a multi-family dwelling which contains kitchen facilities but otherwise meets the definition of hotel unless exempted as an insubstantial modification for technical or engineering considerations under Section 8-107 A.2. Section 5. Section 8-108, of the Municipal Code of the City of Aspen is hereby amended by the addition of a new subsection A.4 to read as follows: Section 8-108 A.4. Regardless of any other provisions of this division, section or code, no extensions of development orders for developments which have been awarded GMP allotments shall be granted for developments in the L/TR or CL zone dis- tricts or in any zoning district, other than the LP zone, where the development order involves a hotel or a multi-family dwelling which contains kitchen facilities but otherwise meets the definition of hotel. Section 6. Section 7-802, of the Municipal Code of the City of Aspen is hereby amended by the addition of two sentences to the end of that section to read as follows: Section 7-802 ... Regardless of any other provisions of this division, section or code, an SPA designation shall not be imposed on land zoned L/TR or CL or on lands in any zone district where the proposed development involves a hotel or multi-family dwelling which contains kitchen facilities but otherwise meets the definition of hotel. Development of a hotel or such a multi- family dwelling in any existing SPA designation or amendment of any development approval or order for any existing SPA designa- tion must obtain final SPA approval from the city council and must then be approved by a majority of electors of the city voting on the approval or amendment. Section 7. 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. Upon approval of a majority of the electors voting on this initiative ordinance, it shall be considered adopted on cer- tification of the election results.