HomeMy WebLinkAboutresolution.apz.046-01 RESOLUTION NO. 46
(SERIES OF 2001)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION, OF THE
CITY OF ASPEN, COLORADO, T° AMEND S~CTi~ ~6~470~070,
EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM, AND
SECTION 26.590.010, TIMSEHARE, OF THE LAND USE CODE, CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Grand Aspen Lodging, LLC e/o Four Peaks Development, LLC to amend the text of
the Land Use Code and as contemplated in the Amended Conceptual Planned Unit
Development aPproval granted pursuant to City Council Resolution #01-47; and,
WHEREAS, the proposed amendments relate to the authority of City Council to
vary review standards for Timeshare regulations in Section 26.590.010 and would add a
conversion process for tourist accommodations reconstruction credits to residential
dwelling units as a Growth Management Quota System exemption in Section 26.470.070.
as both are further described herein; and,
WHEREAS, Pursuant to Section 26.310 of the City of Aspen Land Use Code,
after a recommendation by the Community Development Department made during a duly
notice public hearing, and the comments made by the general public, the Planning and
Zoning Commission may recommend to the City Council approval, approval with
conditions, or denial of an application for amending the text of the Land Use Code based
on the criteria that are set forth in said SectiOn; and,
WHEREAS, the Community Development Director reviewed the proposed text
amendments, as described herein, and recommended approval; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the proposed text amendments under the applicable provisions of the Municipal
Code, as identified in Section 26.310, has reviewed and considered the recommendations
made by the Community Development Director and has taken and considered public
comment at a public hearing; and,
WHEREAS, during a regular meeting on November 13th, continued to December
4th, 2001, the Planning and Zoning Commission, by a five to zero (5 - 0) vote,
recommended City Council amend the text of the Land Use Code, as described herein.
WHEREAS, the Planning and Zoning Commission finds that the proposed Land
Use Code text amendments meet or exceed all applicable review standards and that the
approval of the text amendments is consistent with the goals and elements of the Aspen
Area Community Plan; and
WHEREAS, the Planning and Zoning Commission finds that this Resolution
furthers and is necessary for public health, safety, and welfare.
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NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
cOMMISSION OF THE CITY OF ASPEN, COLoRADo ON THIs 13TM DAY OF
NOVEMBER CONTINUED TO DECEMBER 4TM, 2001, THAT:
Section 1:
Section 26.470.070, which defines the types of development that may be exempted from
the scoring and competition procedures of growth management, is hereby amended to
include a new section to read as follows:
O. Conversion of lodge reconstruction credits to residential
dwelling units. The conversion of reconstruction credits
derived from the demolition of tourist accommodation units
pursuant to Section 26.470.070(A)(2) to residential dwelling
units shall be exempt from the growth management
competition and scoring procedures. This exemption is
deducted from the Aspen Metro Area development ceilings
established pursuant to Section 26.470.030. Exemption
review is by City Council. This exemption shall only be
granted if the following standards are met:
1. Demolished tourist accommodation units shall be converted to residential
dwelling units at the rate of 0.34 residential dwelling units per each one
tourist accommodations unit;
2. Residential dwelling units obtained pursuant to this exemption shall only
be develOPed in those zone districts in which residential units are a
permitted use;
3. Development of the residential dwelling units shall be limited to the same
parcel from which the reconstruction credits were derived, on a
contiguous parcel owned by the applicant, or within a Planned Unit
Development approved pursuant to Section 26.445;
4. Employee housing or cash-in-lieu thereof shall be provided to mitigate for
additional employees generated by the development of the residential
dwelling units;
5. The proposed development is compatible with the cJ~aracter of the existing
land uses in the surrounding area and the purpose of the underlying zone
district;
6. Adequate parking and public facilities exist or can be provided for the
development; and,
7. The proposed development is consistent with the Aspen Area Community
Plan.
Section 2:
Section 26.590.010, which defines zone districts in which timeshare shall be permitted,
review standards applicable to all timeshare projects, contents of a timeshare application,
review procedures, city licensing and sales tax, and remedies is hereby amended to
include a new subsection 26.590.010(D). Existing subsections D, E, F, and G shall be
renumbered E, F, G, and H respectively. The new subsection 26.590.010(D) shall read as
follows:
D. Variations in timeshare standards. Variations in the review standards and
criteria contained in Section 26.590.010(C) may be permitted subject to the
approval of the City Council. An applicant requesting a variation in a review
standard shah demonstrate that the standard is inappropriate or otherwise
cannot be met and the reasonableness of the proposed variation. All variations
from the standards and criteria of Section 26.590.010 shall be specified in the
timeshare approval.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by wirtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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.
Section 5:
That the City Clerk is directed, upon the adoption of this Resolution, to record a copy of
this Resolution in the office of the pitkin County Clerk and Recorder.
Section 6:
A public heating on the Resolution was held on the 13th day of November continued to
December 4th, 2001, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen
Colorado, fifteen (15) days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
APPROVED by the Commission at its regular meeting on November 13 continued to
December 4th, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION: ~ ~~
City Attorney Jasmine Tygre, Chair
/~kie'Lothian,~IJ~puty C~ty clerk
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