HomeMy WebLinkAboutresolution.apz.010-00 I IIIIII IIIII IIIIII IIIII IIII IIIIIII IIIII III IIIII IIII IIII
441531 03/21/2000 10:33A RESOLUTZ DAVIS SILV!
I ~,~ $ R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL APPROVE AMENDMENTS TO THE
DEFINITIONS, AFFORDABLE HOUSING PROVISIONS OF THE GROWTH
MANAGEMENT QUOTA SYSTEM, AND SPECIAL REVIEW PROVISIONS OF
THE LAND USE CODE~ RESPECTIVELY SECTIONS 26.100.104, 26.470, AND
26.430 OF THE LAND USE CODE.
Resolution #00 - 10
WHEREAS, the Planning Director of the Community Development Department
proposed amendments to the Definitions, Affordable Housing provisions of the Growth
Management Quota System, and Special Review provisions of the Land Use Code
pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to Sections 26.104.100, 26.470,
and 26.430 of the Land Use Code of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Planning Director and then by the Planning and Zoning
Commission ar a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Planning Director recommended approval of amendments to the
Land Use Code, as described herein; and,
WHEREAS. the Planning and Zoning Commission opened the public hearing ro
consider the existing and proposed Land Use Code amendments, took and considered
public testimony and the recommendation of the Planning Director and recommended, by
a four to zero (4-0) vote, City Council adopt the proposed amendment to Sections
26.100.104, 26.470, and 26.430 of the Land Use Code, as amended by the Commission
during the hearing, as described hereinafter.
NOW. THEREFORE BE IT RESOLVED by the Commission:
That the Aspen City Council amend the Land Use Code of the Municipal Code, as
follows:
Section 1:
Pursuant To Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City CounciI amend Section 26.100.104 Definitions
with the following amended language denoted by add and
Townsite or OriginalAspen Townsite: Land depicted on the City of Aspen
incorporation plat of record, dated 1880. Parcels of land lying partially within this
area shall not be considered within the Original Townsite.
P&Z Reso..00-10, page 1
I IIIIII IIIII IIIIII IIIII IIII IIIIIII IIIIilll IIIII IIII IIII
441531. 03/21/2~00 10:331:1 RE$OLUTI O;IVI$ S~'LVI
2 o¢ 6 R 30.00 D 0.e0 N O.~e PZTKZN COUNTY CO
EssentialPublic Facility. A facility which serves an essential public purpose, i~
.... ~,,~*~ ,-- ;+ ...... ~, .... ~; ......... ~,, ,ha ~ .... ~° ef gte?h, is net itself a
gr~'.~E g_~nemtor, is available for either use by or benefit of ~e gene~ public ~
'c.s:~ f~r *~e ben~5~ :f~5~ genem~ ~:bE:, ~d se~es the needs of the comm~ity.
.Non-Prq~t Organization. An entit7 which has received a hvorable
determination letter ~om the United States Internal Revenue Service
reg~ding their t~ exempt status, ~d is inco¢orated, subject to or in
compli~ce M~ the applicable provisions of ~e Colorado Revised Statutes
(CRS) Co¢ormions ~d Associmions ~icles 121 to 137.
Carport. A roofed S~ucture providing space for the p~king of automobiles ~d
enclosed on not more ~ t~ee sides.
Garage. A roofed s~ct~e providing space for ~e p~king of automobiles ~d
enclosed on ~1 sides.
Commercial Use. Land or a structure intended to support offices, retail,
warehousing, manufacturing, commercial recreation, restaurant/bar, or service
oriented businesses, not including lodges or hotels.
Retail Use. Commercial land use intended for sale or distribution of products or
services to the general public for profit.
Storage Area. A detached accessory structure, or a separately accessible portion
of structure, intended to house items normally associated with the principal use of
the property but not independently capable of residential, commercial, or lodging
use.
IZfildli, fe Resistant Dumpster or Trash Enclosure. A device or structure intended
to store domestic refuse and limit access by non-domestic mammals meeting the
requirements of Municipal Code Chapter 12.08 - Wildlife Protection.
Trash Compactor. A mechanical device intended to minimize volume and store
domestic refuse meeting the requirements of Municipal Code Chapter 12.04 -
Solid Waste.
P&Z Reso. 00-10, page 2
I IIIIII IIIII IIIIII IIIII IIII IIIIIII IIIII III IIIII IIII IIII
441531 03/21/2000 10:33A RESOLUT! DAVIS SILV!
3 of 6 R 30.88 D 0,00 N 0.00 PITKIN COUNTY CO
Development Order. A written authorization issued pursuant to the terms of this
Title to undertake development according to an approved site specific
development plan. (See. Common Development Review Procedures - Section
26.304.070 Development Orders.)
PUD Development Plan. A recorded document describing the land uses,
densities, configuration, improvements, and character of an approved Planned
Unit Development referencing associated regulatory approvals and agreements.
PUD Development Agreement. A recorded document between the City of Aspen
and a project owner/developer describing an approved Planned Unit Development
and describing or referencing regulatory approvals, policies related to land uses,
financial assurances for physical improvements, deed restrictions, timing of
improvements, acceptance procedures for improvements, non-compliance
provisions, and any other requirements of the land use approval.
Subdivision Agreement. A recorded document between the City of Aspen and a
project owner/developer describing an approved Subdivision, the associated
regulatory approvals, financial assurances for physical improvements, timing of
improvements, acceptance procedures for iml~rovements, and non-compliance
provisions, and any other requiremems of the land use approval.
Pre-Application Conference. A meeting between a potential land use applicant,
and/or their representative, and member(s) of the Community Development
Department reid prior to submission of a land use application where aspects of
development regulations, review criteria, review processes, application contents,
and application fees are discussed. (See, Common Development Review
Procedures - Section 26.304.020 Pre-Application Conference.)
Footprint. The horizontal extent to which a structure covers the ground plane as
represented in plan view including cantilevered building elements but excluding
eaves and similar architectural prqiections of the roof plane.
Deck. An outdoor, unheated area appended to a living space but not intended for
living.
Balcony. Same as a deck.
Loggia. A deck, or porch attached to a living space and open on at least one side
developed under a roof as an integral part of the building's mass rather than as an
appended element.
Aspen Metropolitan (Metro) Boundary. That geographic area described and
illustrated in the Aspen Area Community Plan, as amended from time to time,
P&Z Reso. 00-10, page 3
I IIIIII IIIII IIIIII IIIII IIII IIIIIII IIIII III IIIII IIII IIII
44153~. 03/21/2000 ~L0:33;I RE$OLUT~ DI:IVZ$ S~LV'r
4 oF 6 R 30.00 D 0.00 N 0.00 PITK1'N COUNTY CO
encompassing both the City of Aspen and its environs. (Also known as the Aspen
Community Growth Boundary.)
Aspen Communi~ Growth Boundary. Same as Aspen Metropolitan (Metro)
Boundar7.
Lodge. Same as hotel, except that lodges, and all lodge units within a lodge, in
the Lodge Preservation (LP) Overlay Zone DistriCt must be available for
overnight lodging by the general public on a short-term basis for at least six
month of each calendar year, and may have kitchens within individual lodge
rooms.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.430.030 Special
Review with the addition of the following language, denoted by add:
Special review shall apply to all development in the City of Aspen designated for
special review by the following Chapters or Sections of this Title:
Dimensional requirements (Chapter 26.710 - Zone Districts),
· Replacement of non-conforming structures ( Chapter 26.312)
Reduction of open space requirements in CC zone district (Section
575~030(~3)),
· Increase of floor area.
· Off-street parking requirements (Section 26.515.040),
· Reductions in the dimensions of utility/trash service areas (Section
26.575.060),
· Subdivision standards (Section 26.480.050).
· Accessory Dwelling Unit Design Standards (Section 26.520)
Section 3:
Pursuant t° Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.430.040 Special
Review with the amendment of the following language, denoted by add and
~dd?.!en~2 fleer ?r-~ ~!!ewed is '.;s-~d te; ....... *~'~ o;~ of the ~_ffcrd~_b!_
P&:Z Reso. 00-10, page 4
I IIIIII IIIII IIIIII IIIII IIII IIIIIII IIIII III IIIII IIII IIII
441531 03/2112000 10:331:1 RESOLUT! DRV!S S!LV!
5 of 8 R 30.00 D 0.00 N 0.00 PZTK!N COUNTY CO
26.430.040(D)
Increase of FloorArea. Whenever a special review is conducted to determine an
increase in the external Floor Area Ratio, as provided in specified zone districts,
the development application is subject to the following criteria:
1. A minimum of sixty (60) percent of the additional floor area shall be
affordable housing, with no more than fort7 (40) percent of the additional
floor area intended for other uses.
2. The development complies with the dimensional requirements criteria of
Section 26.430.040(A) above.
3. For Historic Landmark Structures the affordable housing portion of the
additional floor area may be provided either off, site or via a cash-in-lieu
payment, if the following criteria are met:
a) In order to ensure the addition is compatible with the Historic Landmark
in terms of design, scale, site plan, massing, or volume, on-site affordable
housing mitigation is undesirable.
b) Any off-site affordable housing mitigation is provided ar a level meeting
or exceeding the provisions of Section 26.470.070(D)(5).
c) The mount of non-affordable housing floor area does not exceed forty
(40) percent of the additional Floor Area Ratio allowed by Special
Review.
Section 4:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Plamfing and Zoning
Commission hereby recommends City Council amend section 26.470.070(J) - growth
management exemptions - by adding and s~iking language as follows:
26.470.070(J).
Affordable housing. All affordable housing deed restricted in accordance with the
housing guidelines of the City Council and its housing designee shall be exempt
from the competition and scoring procedures. The review of any request for
exemption of housing pursuant to this Section shall include: ~_ dete.~'~r_!n~t!en ef
~d th~!r !oc~fien, tE~ tyye ef dwelling ~u~!ts ....... ~ ....~ r
~-~ ...... ~ ........ 13 reg~d!ng the
1. A determination o~the Citfs need for affordable housing.
2. The proposed development's compli~ce wi~ th~ Aspen Area Comm~ty
PI~, housin~ sections, and addend~ of said ~1~.
P&Z Reso. 00-10, page 5
I IIIIII IIIII IIIIII IIIII IIII IIIIIII IIIII III IIIII IIII IIII
441531 03/2112000 10:33~ RESOLUT! D~IYZS SI'LV1'
6 or' 6 R 30.00 D 0.00 N 0.00 PZTK~*N COUNTY CO
3. The proposed location, number, type, size, rental/sale mix, and price/income
restrictions of the affordable housing units.
4. The phasing of affordable housing unit production in relation to impacts being
mitigated through such provision.
This exemption is deducted from the respective annual development allotment
established pursuant to Section 26.470.040 and from the Aspen Metro Area
development ceilings established pursuant to Section 26.470.030. Review is by
City Council.
Section 5:
Pursuant to Section 26.310.050 of the Municipal Code, the adoption of this
resolution by the Planning and Zoning Commission shall be considered a pending
ordinance.
APPROVED by the Commission during a public hearing on February 29, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
C~y Attorney ~ ~ Robert Blaich, Chair
ATTEST:
~j~ckie Lothian, DSputy City Clerk
P&Z Reso. 00-10, page 6