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Home My WebLink Aboutordinance.council.026-82 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 26 (Series of 1982) AN ORDINANCE REPEALING AND REENACTING SECTION 24-11.1 OF THE ASPEN MUNICIPAL CODE SO AS TO REVISE THE LIMITATIONS ON DEVELOPMENT IN THE CITY OF ASPEN IN ACCORDANCE WITH THE GROWTH MANAGEMENT QUOTA SYSTEM WHEREAS, the Aspen-Pitkin Growth Management Plan is an adopted policy plan for the City of Aspen; and WHEREAS, by Ordinance No. 48, Series of 1977, the City Coun- cil did adopt a Growth Management Quota System designed to imple- ment the policy plan and to be consistent with the recommendations contained therein; and WHEREAS, the Planning Office is currently reviewing and revising the Growth Management Plan and the regulations which implement the plan; and WHEREAS, during the course of the update the City Council has expressed its concern regarding the impacts that the commercial grwoth rate has had upon various services in the community in recent years; and WHEREAS, in response to this concern, the City Council did adopt amendments to the Growth Management Quota System to extend the coverage of the commercial GMP regulations from the CC and C-1 zone districts to all districts in which commercial uses can be built; and WHEREAS, the City Council finds that an assumption of the GMP was that Aspen would provide commercial and office support for the metro area and could do so at a growth rate of 24,000 square feet of commercial and office space per year; and WHEREAS, the City Council deems it to be in the best interest of the community to maintain the existing 24,000 square foot quota and to spread it across all of the zone districts in the City in which commercial uses can be built; and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the City Councl has considered the rate of free mar- ket and employee housing growth which has occurred since the adop- tion of the GMP and its relationship to the adopted residential quota of 39 units per year and does recognize the impact that employee housing has had on the growth rate and the implications of this growth upon services without these units being accounted for under the quota system; and WHEREAS, the City Council has reviewed the draft study pro- duced by the Planning Office entitled "Aspen-Pitkin County Short Term Accommodations Report" and believes that at this time there is a balance between our existing tourist accommodations and ski capacity and that there exists a lodging problem more directly related to questions of quality and value than to the quantity of units available; and WHEREAS, in order to provide for higher quality and better value in the tourist accommodations of the City of Aspen, the City Council deems it to be in the best interests of the City to allow for some expansion of existing lodges and the development of new facilities, which cannot be properly phased under the existing Growth Management Quota System; and WHEREAS, the City Council has considered a revised approach to the development of quotas which is consistent with the original policies of the GMP and yet which also has the following fea- tures: 1. The quotas are based on the ability of the community to sustain growth as a function of our capacity to provide basic ser- vices, including water, sewer and transportation needs, and to meet environmental, economic and social quality of life goals. This approach is predicated on the belief that due to the many capital expenditures already facing the community it is desirable to delay those expansions which we are capable of postponing. RECORD OF PROCEEDINGS 100 Leaves This approach also reflects a basic community commitment to hold our growth rate below that which might otherwise occur to protect the quality of life to which residents have become accustomed and which maintains the unique character of Aspen as a destination resort. 2. The quotas are short term rates of growth which reflect current priorities for employee housing, quality lodging and several institutional facilities, as well as our legal obligations to provide an opportunity for buildout on previously subdivided lots. Therefore, the impact of the quotas upon our growth rate will have to be carefully monitored and as our community goals and priorities evolve, they will need to be regularly updated as part of a dynamic rather than static GMP. 3. The quotas do not acknowledge the ultimate buildout under existing zoning as a tacit and fixed commitment to the even- tual size of our community. Instead, they represent an immediate goal for managed growth, based on historic development trends and perceived growth priorities which must be reviewed in relation to basic community land use planning decisions and service capacity thresholds. 4. The quotas represent a comprehensive approach to growth management, founded on the concept that a fundamental flaw of our approach in the past is that it has resulted in higher than anti- cipated growth rates, because many types of activities were exempt from the original quotas. The revised approach acknowledges the impact on the community of all types of development and therefore unifies the regulated and unregulated growth rates into a single barometer of the community's development. and, WHEREAS, by Resolution No. 82-6, the Planning and Zoning Com- mission has unanimously recommended to the City Council that Sec- 3 RECORD OF PROCEEDINGS 100 Leaves tion 24-11.1 of the Municipal Code be repealed and reenacted for the purpose of adopting revised growth management quotas for the City of Aspen; and WHEREAS, the City Council does wish to accept the recommenda- tions of the Planning Commission by adopting revised growth man- agement quotas for the City of Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-11.1 of the Municipal Code of the City of Aspen entitled "Limitations on Development" be and the same is hereby repealed and reenacted as follows: "Sec. 24-11.1. Limitations on Development. All other provisions of this zoning code notwithstanding, there shall be constructed within the City of Aspen in each year no more than the following: a) Within all zone districts, thirty-nine (39) residential units; b) Within all zone districts, thirty-five (35) lodge units; c) Within the CC and C-I zone districts, ten thousand (10,000) square feet of commercial and office space; d) Within the NC and SCI zone districts, seven thousand (7,000) square feet of commercial and office space; e) Within the O zone district, four thousand (4,000) square feet of commercial and office space; and f) Within the CL and all other zone districts, three thousand (3,000) square feet of commercial and office space; provided that these maximums may be deviated from under those conditions specified in section 24-11.3(a). No construction, except for that described in section 24-11.2, shall proceed until the project shall have been awarded a development allotment pursuant to the provisions of this article." Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or RECORD OF PROCEEDINGS 100 Leaves unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 A public hearing on the ordinance shall be held on the ~ day of ~ , 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 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 theJ~ day of .~_.w , 1982. ATTEST/ ~ ~.~ K FINALLY adopted, paSsed and approved on this ...~.. day of .~ , 1982. Herman Ed~l, ~y~-f~ ATTEST'- -~ ~ 5 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO } CERTIPICAIP}~ COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby cert] fy that the above and foregoing ord~[?_ance was ~nhroduced, read in full, and passed on _~ ~eaalng at n regular mee~ing of the Ciay Council of the City of Aspen on~ ~ ~ , 19~ and ~'~.hlished :n hhe Aspen Times a weekly newspaper of gertara! circul- ' ~ ~'~ ~oloracto, in ihs ation, ~ab ...... ~ed ~n the City of Aspen, O - ' Issue of __~__~ 19 ~ and was finally adopte(i and approved am a recular meeting of 'the cm~y ~ ~ .._e~nto se~ my hsnd and iN % ~.~NLS~ WREREOF, T have ' er , the seal of said CiL'y~}- }speD, C,.)!or~o. this -__ ' - ' Y~~<och, ~ity C.N'rk ~ SE ~I,