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Home My WebLink Aboutresolution.apz.022-99RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE GROWTH MANAGEMENT QUOTA SYSTEM, SECTION 26.470 OF THE LAND USE CODE, APPROVE AN AMENDMENT TO THE LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICT, SECTION 26.710.320, APPROVE AN AMENDMENT TO THE DEFINITION OF "LODGE," SECTION 26.104.100 OF THE LAND USE CODE, AND APPROVE AN AMENDMENT TO THE OFF- STREET PARKING REGULATIONS, SECTION 26.515.030 OF THE LAND USE CODE. Resolution #99 - 22 WHEREAS, the City Council and the Planning and Zoning Commission of thc City of Aspen directed the Planning Director of the Community Developmem Department to propose amendments to the Lodge Preservation Program provisions of the land use code pursuant to sections 26.208 and 26.212; and, WHEREAS, the amendments requested relate to Section 26.470, 26.710.320, 26.104.100, and 26.515.030 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 Plauning and Zoning Conunission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the form of land ownership known as "condominium" is an allowed form of ownership in all Zone Districts of the City 0f Aspen, including the Lodge Preservation (LP) Overlay Zone District. even though the term is not listed as a use in the zone district; and, WHEREAS, the Planning Director recommended approval of amendments to Sections 26.470, 26.710.320, 26.104.100, and 26.515.030 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the existing and proposed Lodge Preservation Program on June 8, 1999, and continued the hearing to July 20, 1999, and then to August 24, 1999, took and considered public testimony and the recommendation of the Planning Director and recommended, by a six to zero (6-0) vote, City Council adopt the proposed Lodge Preservation Program amendments to the land use code by amending the text of sections 26.470, 26.710.320, 26.104,100, and 26.515.030 of the land use code of the Aspen Municipal Code as described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Aspen City Council should adopt the Lodge Preservation Program by amending the Land Use Code of the Municipal Code, as follows: P&Z Reso. 99-22, page 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 458ggt '"2/28/~.9gg e2:24P RE$OLUT! D~IV'rS $iLVI. 1 of . R 2".e0 D e.oe N e.eO PTTKIN COUNTY CO Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council replace Section 26.470.050(M), in total with the following language: Lodge Preservation Program. Development, or redevelopment after demolition, of properties zoned Lodge Preservation (LP) Overlay to increase or decrease the number of lodge units, the number of affordable housing units, or the amount of accessory commercial square footage, or the change in use between said uses, shall be exempted from the growth management competition and scoring procedures, provided that the Planning and Zoning Commission determines, at a public heating, that the following criteria are met: (1) (2) (3) (4) (5) The proposed development is consistent with the Aspen Area Community Plan. The proposed development is compatible with the character of existing land uses in the surrounding area and with the purpose of the Lodge Preservation (LP) Overlay Zone District. Employee housing or cash-in-lieu will be provided to mitigate for additional employees generated by the developmem or to mitigate for the demolition of multi-family housing, as required by section 26.530. This shall include an analysis and credit for existing employee generation and the incremental impact between the existing development and the proposed development. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. Adequate parking spaces and public facilities exist, will be provided for the development, or that adequate mitigation measures will be provided. There exists sufficient GMQS allotments to accommodate the proposed development and the allotments are deducted from the respective Annual Development Allotment and Metro Area Development Ceilings established pursuant to Section 26.470.050. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.470.080(B)(3) by including the following language as subparagraph (c) and reallocating the letter designations of the following subparagraphs accordingly: 3C. Planning and Zoning Commission Review. Applications for lodge, affordable housing, or accessory commercial square footage development within the Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing after the Community Development Director has determined that the applicatign for exemption is complete and has made a Pg:Z Reso. 99-22, page 2 I IIIIII IIIII IIIIII IIIII IIIIII II1! IIIIII III IIIII IIII IIII 438991 12/2871999 02:24P RESOLUT'r DIClVIS SILV! 2 c)f 5 R 29.08 D 0.90 N 0.00 PITKZN COUNTY CO recommendation for approval, approval with conditions, or disapproval. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.080(B)(4) Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.470.080(B) by striking, in its entirety, subparagraph (5). Section 4: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.470~050(A)(1) Base Allotment Pool with the addition of the following language: Lodge Preservation Overlay Zone Tourist Accommodations: 11 Units Section 5: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council establish the accumulated allotment surplus, denoted as factor "A" in Section 26.470:050(C)(1), as 27 units for the growth management ye~ beginning June 1 of 1999. Section 6: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council replace Section 26.710.320 Lodge Preservation Overlay (LP) Zone District, in total, with the following language: 26.28.320 Lodge Preservation (LP) Overlay Zone District. Purpose. The purpose of the Lodge Preservation (LP) Overlay zone district is to provide for and protect small lodge uses on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses, to provide uses accessory and normally associated with lodge and affordable housing development, to encourage development which is compatible with the neighborhood and respective of the manner in which the property has historically operated, and to provide an incentive for upgrading existing lodges on-site or onto adjacent properties. Permitted uses. The following uses are permitted as of right in the LP Overlay zone district. 1. Lodge; P&Z Reso, 99-22, page 3 I IIIIII IIIII IIIIII IIIII IIIIII IIII IIIIII III IIIII IIII IIII 438991 X2/28/1999 02:24P RESOLUT! DI:IVX$ SXLVX 3 o~' 5 R 25.00 D 0.00 N 0,00 P!TK!N COUNTY CO 3. 4. 5. Boarding house; Dormitory; Affordable housing for employees of the lodge; 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; Accessory buildings and uses. The permitted uses of the underlying zone district. 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 of this Code. 1. Affordable housing; 2. Restaurant; 3. Timesharing; 4. The uses allowed as conditional uses in the underlying zone district. D. Dimensional requirements. The dimensional requirements for all uses in the Lodge Preservation Overlay (LP) Zone District shall be the dimensional requirements established for those uses in the underlying zone district.~~ Upon consideration of neighborhood compatibility and the dimensional requirements regulations of surrounding zone districts, the dimensional requirements of the underlying zone district may be varied pursuant to section 26.445~ Planned Unit Development. Section 7: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the definition of "Lodge," Section 26.104.100 by striking and adding, as denoted by s~!ke and underline, language to the definition of the term as follows: Lodge. Same as hotel, except that lodge rooms in a lodge may have a kitchen in the Lodge Preservation Overlay (LP) Zone District, ~_.nd m~_y be revZed cn z !cng te._rm basis, and may be leased up to six months of any year. Section 8: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.515.030 Required Number of Off Street Parking Spaces with the addition of the following underlined language: The off-street parking spaces established below shall be provided for each use in the zone district. Whenever the off-street parking is subject to establishment by adoption of a Planned Unit Development Final Development Plan, that review shall be pursuant to Section 26.445, Planned Unit Development. Whenever the P&Z Reso. 99-22, page 4 I IIIIII IIIII IIIIII IIIII IIIIII IIII IIIIII III IIIII IIII IIII 43899~. 12/28/~g99 02:24P RESOLUT! DI:IVI$ 51L¥! 4 o~ 5 R 25.00 D 0.00 ~1 0.00 PITKIN COUNTY CO parking requirement is subject to special review or may be provided via a payment in lieu, that review shall be pursuant to the procedures set forth at Chapter 26.430 and the standards set forth at Section 26.515.040, below. Section 9: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.515.030 Required Number of Off Street Parking Spaces with the replacement of the following language in the chart under said section: LP Overlay 0.7 spaces/bedroom unless otherwise established pursuant to Section 26.445, Planned Unit Development. *, unless otherwise established pursuant to Section 26.445, Planned Unit Development. 4 spaces/1000 square feet of net leasable area, ' unless otherwise established pursuant to Section 26.445, Planned Unit Development. APPROVED by the Commission during a public hearing on August 24, 1999, APPROVED AS TO FORM: '~CYty Att'orr e y~' ~ PLANNING AND ZONING COMMISSION: Robert Blaich, Chair ATTEST: ckie Lothian, De/l~Uty City Clerk I IIIIII IIIII IIIIII IIIII IIIIII IIII IIIIII III IIIII IIII IIII 438991 12/28/1999 02:24P RESOLUT! DAVX$ $XLVX 5 o~' 5 R 25.00 D 0.00 N 8.08 PXTKXN COUNTY CO C:~home\CHRISB\CASES~LP_PROGR~LP_Reso.doc P&Z Reso. 99-22, page 5