HomeMy WebLinkAboutordinance.council.007.89 ORDINANCE NO. ~
(Series of 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING SUBSTANTIVE
CORRECTIONS AND POLICY CHANGES TO THE ASPEN LAND USE REGULATIONS
WHEREAS, the Aspen Land Use Regulations were adopted on
April 25, 1988 and became effective on May 25, 1988; and
WHEREAS, during the process of their adoption, the Planning
Office stated that six months subsequent to the date of adoption,
a code correction process would be initiated to address any
problems or new issues which had arisen since the new Code was
put into effect; and
WHEREAS, the Aspen Planning and Zoning Commission
(hereinafter "Commission") held a duly noticed public hearing on
January 3, January 31, and February 7, 1989 to consider
corrections to the Aspen Land Use Regulations; and
WHEREAS, the Commission adopted Resolution 83-9,
recommending that the Aspen City Council (hereinafter, "the
Council") adopt technical and substantive corrections to the
Aspen Land Use Regulations; and
WHEREAS, the Council wishes to accept the recommendations of
the Commission in the form of two Ordinances, Ordinance No. ~ ,
which adopts technical corrections to the Aspen Land Use
Regulations and this Ordinance No. ~ , which adopts substantive
corrections and policy changes to the Aspen Land Use Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
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Section 1
That Article 5, Sec. 5-206(B) (2) Residential/Multi-Family (R/MF);
Sec. 5-206(D) Residential/Multi-Family (R/MF); Sec. 5-209(B) (14)
Commercial Core (CC); "Sec. 5-209 (C) (11) Commercial Core (CC);
Sec. 5-210(B) (9) Commercial (C-i); Sec. 5-210(C) (3)&(4)&(5)
Commercial (C-i); Sec. 5-213 (B) (1) & (C) office (O); Sec. 5-
214(D) (2) Lodge/Tourist Residential (L/TR) of Chapter 24 of the
Municipal Code of the City of Aspen, Colorado, are hereby amended
to read as follows:
"Sec. 5-206(B) (2) Residential/Multi-FamilY CR/MF);
2. Duplex residential dwelling, of which one unit
shall be restricted as affordable housing to the
middle income price and occupancy guidelines. The
affordable housing unit shall comprise a minimum
of one-third (1/3) of the total floor area of the
duplex. In the alternative, both may be free
market units if an Accessory Dwelling Unit shall
be provided for each unit.";
"Sec. 5-206(D) Residential/Multi-Family (R/MF)
Multi-family: 1:1, which may be increased to 1.1:1 by
Special Review pursuant to Art.7, Div.4." [added to the
bottom of the table section, just above section "E"];
"Sec. 5-209(B)(14) Commercial Core (CC)
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14. Residential dwelling units which are located above
street level commercial uses in historic land-
marks, provided that the residential dwelling unit
is restricted to six month minimum leases'"'
"Sec. 5-209(C) (11) Commercial Core (CC).
C. Conditional uses. The following uses are
permitted as conditional uses in the Commercial
Core (CC) Zone District, subject to the standards
and procedures established in Art. 7, Div. 3.
11. Demolition of an existing residential
dwelling unit.
"Sec. 5-210(B) (9) Commercial (C-i)
9. Detached residential dwellings and multi-family
dwellings;";
"Sec. 5-210(C) (3)&(4)&(5) Commercial (C-l)
C. Conditional uses. The following uses are
permitted as conditional uses in the Commercial
(C-i) Zone District, subject to the standards and
procedures established in Art. 7, Div. 3.
3. Printing plant;
4. Satellite dish antennae; and
5. Demolition of an existing residential
dwelling unit.";
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"Sec. 5-213(B) (1)&(2)&(3)&(C) Office (O)
B. Permitted uses. The following uses are permitted
as of right in the Office (0) Zone District.
1. Detached residential dwellings and multi-
family dwellings;
C. Conditional uses. The following uses are
permitted as conditional uses in the Office (0)
Zone District, subject to the standards and
procedures established in Art. 7, Div. 3.
1. Only for those structures that have received
historic landmark designation: antique store,
art studio, bakery, bed and breakfast,
boarding house, bookstore, broadcasting
station, church, dance studio, florist,
fraternal lodge, furniture store, mortuary,
music store (for the sale of musical
instruments), music studio, restaurant, shop
craft industry, visual arts gallery, and
provided, however, that (a) no more than two
(2) such conditional uses shall be allowed in
each structure, and (b) off-street parking is
provided, with alley access for those
conditional uses along Main Street;
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2. Duplex residential dwelling, of which one
unit shall be restricted as affordable
housing to the middle income price and
occupancy guidelines. The affordable housing
unit shall comprise a minimum of one-third
(1/3) of the total floor area of the duplex.
In the alternative, both may be free market
units if an Accessory Dwelling Unit shall be
provided for each unit;
3. Two detached residential dwellings or a
duplex on a lot containing a historic
landmark with a minimum area of 6,000 sq.
ft., of which one unit shall be restricted as
affordable housing to the middle income price
and occupancy guidelines. The affordable
housing unit shall comprise a minimum of one-
third (1/3) of the total floor area of the
two dwellings. In the alternative, both may
be free market units if an Accessory Dwelling
Unit shall be provided for each unit;
4. Day Care Center;
5. Commercial parking lot or parking structure
that is independent of required off-street
parking, provided that it is not located
abutting Main Street;
6. Satellite dish antennae; and
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7. Demolition of an existing residential
dwelling unit.";
"Sec. 5-214(D) (2) Lodge/Tourist Residential (L/TR)
2. Minimum lot area per dwelling unit (sq.ft.):
Detached residential dwelling: 6,000
Duplex: 3,000
Multi-family dwellings: one (1) bedroom per
one thousand (1,000) sq. ft. of lot area,
provided that a studio shall be considered a
one (1) bedroom unit.
Lodge units: no requirement.";
Section 2
That Article 7, Sec. 7-304 Standards applicable to all
conditional uses; Sec. 7-307 Conditions; Sec. 7-404(A)(4)&(B)(1)
Review standards for Special Review; Sec. 7-604 Appeal and Call
Up; Sec. 7-606 Minimum Maintenance Requirements; Sec. 7-
804(D) (2) &(4)&(E) (1) (i) &(2)&(3) Development in a Specially
Planned Area (SPA); Sec. 7-903 (B) (2) (b) (4)& (B) (4) Planned Unit
Development approval; Sec. 7-903(C) (3) Planned Unit Development
approval; Sec. 7-907(A) (9)&(B) Amendment of PUD development order
of Chapter 24 of the Municipal Code of the City of Aspen,
Colorado, are hereby amended to read as follows:
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"Sec. 7-304 Standards applicable to all conditional uses
When considering a Development Application for a
conditional use, the Commission shall consider whether
all of the following standards are met, as applicable.
A. The conditional use is consistent with the
purposes, goals, objectives and standards of the
Aspen Area Comprehensive Plan, and with the intent
of the Zone District in which it is proposed to be
located; and
B. The conditional use is consistent and compatible
with the character of the immediate vicinity of
the parcel proposed for development and
surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate
vicinity of the parcel proposed for development;
and
C. The location, size, design and operating charac-
teristics of the proposed conditional use
minimizes adverse effects, including visual
impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding
properties; and
D. There are adequate public facilities and services
to serve the conditioral use including but not
limited to roads, potable water, sewer, solid
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waste, parks, police, fire protection, emergency
medical services, hospital and medical services,
drainage systems, and schools; and
E. The applicant commits to supply affordable housing
to meet the incremental need for increased
employees generated by the conditional use; and
F. The proposed conditional use complies with all
additional standards imposed on it by the Aspen
Area Comprehensive Plan and by all other
applicable requirements of this chapter.
The Planning Director may recommend, and the Commission
may impose such conditions on a conditional use that are
necessary to maintain the integrity of the City's Zone
Districts and to ensure the conditional use complies with
the purposes of the Aspen Area Comprehensive Plan, this
division, and this chapter; is compatible with surrounding
land uses; and is served by adequate public facilities.
This includes, but is not limited to imposing conditions on
size, bulk, location, open space, landscaping, buffering,
lighting, signage, off-street parking and other similar
design features, the construction of public facilities to
serve the conditional use, and limitations on the duration
of conditional use approval.";
"Sec. 7-307 Conditions" is hereby deleted;
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"Sec. 7-404(A) (4)&(B) (1) Review standards for Special Review
A.4. For the Residential/Multi-Family (R/MF) zone
district only, increases in external floor area
shall only be permitted on sites subject to the
requirements of Art. 5, Div. 7, Replacement
Housing Program. To obtain the increase, the
applicant shall demonstrate a minimum of two-
thirds (2/3) of the additional floor area allowed
is used to increase the size of the affordable
housing units beyond the minimum size standards of
the City's housing designee and the development
complies with the standards of Sec. 7-404 A 1 and
2.
B. 1. In the Commercial Core (CC), Commercial
(C-I), Office (O), Commercial Lodge (CL)
or Lodge/Tourist Residential (L/TR) zone
districts, the applicant shall make a
one-time only payment-in-lieu of parking
to the City, in the amount of $15,000
per space required, based on the cost
for such spaces stated in the report
~ entitled "Physical and Financial
Conceptual Design for Two Parking
Facilities for the City of Aspen"
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prepared by RNL Facilities
Corporation. ";
"Sec. 7-604 Appeal and Call Up
A. Any action by the HPC in approving, approving with
conditions, or disapproving a development order
for development or demolition or suspending action
on a demolition application or in rating a
structure on the Inventory of Historic Structures
may be appealed to the City Council by the
applicant or a landowner within three hundred
(300) feet of the subject property within sixty
(60) days of the decision. The reasons for the
appeal shall be stated in writing.
The City Council may also call up for review any
decision of the HPC approving, disapproving, or
suspending action on a demolition or relocation of
a historic landmark or any structure on the
Inventory rated as a "4" or "5" by the HPC by
serving written notice on the HPC within fourteen
(14) days of the HPC's decision and notifying the
applicant of the call up.
B. Within thirty (30) days after the date of a
decision by the HPC which is appealed or called up
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by the City Council, the Council shall hold a
public hearing after publishing notice pursuant to
Section 6-205 E.3.a.
C. The City Council shall consider the application on the
record established before the HPC. The City Council shall
affirm the decision of the HPC unless the City Council shall
determine that there was an abuse of discretion, or a denial
of due process by the HPC. Upon determining that there was
an abuse of discretion or denial of due process, the City
Council shall be authorized to take such action as it shall
deem necessary to remedy said situation, including but not
limited to reversing the decision, altering the conditions
of approval, changing the length of time during which action
on a demolition application has been suspended or the terms
of the suspension, or remanding the application to HPC for
rehearing.";
"Sec. 7-606 Minimum Maintenance Requirements
A. Purpose. The intent of this Section is to reduce
the incidence of "demolition by neglect".
B. Requirements. Ail buildings and structures
identified in the Inventory of Historic Sites and
Structures as described in Section 7-709, and all
structures located within a historic district,
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shall be maintained to meet the requirements of
the Uniform Conservation Building Code (UCBC) and
the Uniform Building Code (UBC). Said structures
shall receive reasonable care, maintenance and
upkeep appropriate for the preservation,
protection, enhancement, rehabilitation,
reconstruction, perpetuation or use in compliance
with the terms of this article.
Every person in charge of such building or
structure shall keep in good repair:
1. Ail of the exterior portions of such
improvements.
2. Ail interior portions thereof which, if not
so maintained, may cause or tend to cause the
exterior portions of such improvements to
deteriorate, decay or become damaged or
otherwise to fall into a state of disrepair.
The Historic Preservation Commission, on its own
initiative, may file a petition with the Chief
Building Official requesting that said official
proceed under the provision of this Section to
require correction of defects or repairs to any
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structure covered by this article so that such
structure shall be preserved and protected in
consonance with the purpose of this article.
C. Demonstration of Hardship. Any owner of a
structure identified in the Inventory of Historic
Sites and Structures which HPC and the Chief
Building Official finds requires such maintenance
and repairs as described in this Section may make
application requesting from the City Council a
one-time, no interest loan, in an amount not to
exceed $10,000.00, which the owner shall agree to
pay back to the City within ten (10) years or when
the property is sold or the title is transferred,
whichever is the soonest. An extension of the
payment period may be granted by the City Council,
following written request by the owner.
To be eligible for the loan, the owner shall
submit a written request to the Planning Director,
which shall include a description of the proposed
repairs necessary to maintain the historic
structure and approximate costs for such repairs.
The loan request shall also demonstrate economic
hardship which previously prohibited these repairs
and that the loan amount is the minimum needed to
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maintain the structure.
The loan request shall be considered by the City
Council. Any loan granted by the Council shall be
administered through the Planning Director, who
shall obtain copies of bills from the owner
substantiating all expenditures made to maintain
the structure with monies obtained from the loan.
D. Penalties Waived. The general penalties for
violations of the Aspen Municipal Code contained
in Chapter 1, Section 1-8, shall not apply to
violations of these minimum maintenance
requirements.
"Sec. 7-804 (D) (2) & (4) & (E) (1) (i)&(2)&(3) Development in a
Specially Planned Area (SPA)
D.2. Variations permitted. The final development plan
shall comply with the requirements of the underly-
ing Zone District, provided, however, that
variations from these requirements may be allowed,
based on the standards of Section 7-804(b).
Variations may be allowed for the following
requirements: open space, minimum distance
between buildings, maximum height, minimum front
yard, minimum rear yard, minimum side yard,
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minimum lot width, minimum lot area, trash access
area, internal floor area ratio, number of off-
street parking spaces and use. Any variations
allowed shall be specified on the SPA agreement
and shown on the Final Development Plan.";
D.4. Recordation. The Final Development Plan, which
shall consist, as applicable, of final drawings
depicting the site plan, landscape plan, utility
plan and building elevations, and Specially
Planned Area (SPA) agreement shall be recorded in
the office of the Pitkin County Clerk and
Recorder, and shall be binding upon the property
owners subject to the development order, their
successors and assigns, and shall constitute the
development regulations for the property.
Development of the property shall be limited to
the uses, density, configuration, and all other
elements and conditions set forth on the Final
Development Plan and SPA agreement. Failure on
the part of the applicant to record the Final
Development Plan and SPA agreement within a period
of one hundred and eighty (180) days following its
approval by City Council shall render the plan
invalid. Reconsideration of the Final Development
Plan and SPA agreement by the Commission and City
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Council will be required before its acceptance and
recording.
E.l.i. Any change which is inconsistent with a
condition or representation of the project's
original approval or which requires granting
of a further variation from the project's
approved use or dimensional requirements.
E.2. Ail other modifications shall be approved pursuant
to the terms and procedures of the Final Develop-
ment Plan, provided that the proposed change is
consistent with or an enhancement of the approved
Final Development Plan. If the proposed change is
not consistent with the approved Final Development
Plan, the amendment shall be subject to both
Conceptual and Final Development Plan review and
approval.
E.3. During the review of the proposed amendment, the
Commission and City Council may require such
conditions of approval as are necessary to insure
that the development will be compatible with
current community conditions. This shall include,
but not be limited to, applying to the portions of
the development which have not obtained building
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permits or are proposed to be amended any new
community policies or regulations which have been
implemented since the original approval, or taking
into consideration changing community
circumstances as they affect the project's
original representations and commitments.
The applicant may withdraw the proposed amendment
at any time during the review process.";
"Sec. 7-903(B) (2)(b)(4)&(B)(4) Planned Unit Development
approval.
($) (2)(b) (4)
Density shall be further reduced as specified
in Article 3, Definition of Lot Area.
B.4. Dimensional Requirements. The dimensional
requirements shall be those of the underlying
Zone District, provided that variations may
be permitted in the following:
a. Minimum distance between buildings;
b. Maximum height (including viewplanes);
c. Minimum front yard;
d. Minimum rear yard;
e. Minimum side yard;
f. Minimum lot width;
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g. Minimum lot area;
h. Trash access area;
i. Internal floor area ratio; and
j. Minimum percent open space.
If a variation is permitted in minimum lot
area, the area of any lot may be greater or
less than the minimum requirement of the
underlying Zone District, provided the total
area of all lots, when averaged, at least
equals the permitted minimum for the Zone
District. Any variation permitted shall be
clearly indicated on the final development
plan.";
"Sec. 7-903(C) (3) Planned Unit Development approval
An applicant may request and the Planning Director may
determine that because of the limited extent of the
issues involved in a proposed Planned Unit Development
in relation to these review procedures and standards,
or because of a significant community interest which
the project would serve, it is appropriate to
consolidate conceptual and final development plan
review. The Planning Director shall consider whether
the full four step review would be redundant and serve
no public purpose and inform the applicant during the
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pre-application stage of whether consolidation will be
permitted.
An application which is determined to be eligible for
consolidation shall be processed pursuant to the terms
and procedures of Final Development Plan review. The
Commission or City Council may, during review,
determine that the application should be subject to
both conceptual and final plan review, in which case
consolidated review shall not occur.";
"Sec. 7-907 (A) (9)&(B) Amendment of PUD development order
A. Insubstantial Amendment.
9. Any change which is inconsistent with a
condition or representation of the project's
original approval or which requires granting
a further variation from the project's
approved dimensional requirements.
B. Other amendment. Any other amendment shall be
approved pursuant to the terms and procedures of
the Final Development Plan, provided that the
proposed change is consistent with or an
enhancement of the approved Final Development
Plan. If the proposed change is not consistent
with the approved Final Development Plan, the
amendment shall be subject to both Conceptual and
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Final Development Plan review and approval.
During the review of the proposed amendment, the
Commission and City Council may require such
conditions of approval as are necessary to insure
that the development will be compatible with
current community conditions. This shall include,
but not be limited to, applying to the portions of
the development which have not obtained building
permits or are proposed to be amended any new
community policies or regulations which have been
implemented since the original approval, or taking
into consideration changing community
circumstances as they affect the project ' s
original representations and commitments.
The applicant may withdraw the proposed amendment
at any time during the review process.";
Section 3
That Article 8, Sec. 8-103(A)(3) Annual development allotment of
Chapter 24 of the Municipal Code of the City of Aspen, Colorado,
is hereby amended to read as follows:
"Sec. 8-103(A)(3) Annual development allotment
3. Commercial and office development. Twenty
(20,000) thousand square feet of commercial and
office space, allocated as follows.
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a. Eight thousand (8,000) square feet of net
leasable commercial and office space within
the Commercial Core (CC) Zone District and
Commercial (C-I) Zone District.
b. Six thousand (6,000) square feet of net
leasable commercial and office space within
the Neighborhood Commercial (NC) Zone
District and Service/Commercial/Industrial
(SCI) Zone District.
c. Four thousand (4,000) square feet of net
leasable commercial and office space within
the Office (0) Zone District; and
d. Two thousand (2,000) square feet of net
leasable commercial and office space within
the Commercial Lodge (CL) and all other Zone
Districts.";
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
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provision and shall not affect the validity of the remaining
portions thereof.
Section 5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 6
A public hearing on the Ordinance shall be held on the~~-~/'
day of ~/~-t~f_~ , 1989, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
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
, ,~L~~, 1989.
/~illiam ~. Stir'iing, Ma~or
ATTEST:
athrTn ~.' Koch, tit7 Cl~
FINALLY, adopted, passed and approved this ~~ day
William L. Sti~ling, Ma~or
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ATTEST:
Kathryn S~och, City Clerk
cccodecorrectord.22
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