HomeMy WebLinkAboutordinance.council.060-92 ORDIN]~NCE NO. 60
(series of 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCILAMENDING CHAPTER 24 SECTIONS
5-213.B AND 8-104.B.1.c OF THE MUNICIPAL CODE AFFECTING PERMITTED
USES FOR THE OFFICE ZONE DISTRICT AND GMQS EXEMPTIONS FOR HISTORIC
LANDMARKS
WHEREAS, the Planning Department has proposed to amend
Sections 5-213.B and 8-104.E.l.c of Chapter 24 of the Municipal
Code to broaden the permitted uses in the office zone district and
the GMQS exemptions for an historic landmark; and
WHEREAS, the office zone district does not encourage a mixed-
uses development on a parcel; and
WHEREAS, the ability to develop a mixed-use proposal is an i
important tool for adaptive reuse of historic structures in the
office zone district; and
WHEREAS, the expansion of an historic landmark to include a
residential dwelling unit together with a commercial/office space
or a lodge unit exempt from the growth management competition
process is an important goal of the historic preservation program;
and
WHEREAS, the Planning and Zoning Commission, pursuant to
Section 24-7-1103, reviewed the proposed text amendments and made
revisions to the proposed language at a public hearing July 7,
1992; and
WHEREAS, the Commission, on July 7, 1992, recommended adoption
by city Council of the text amendments to Sections 24-5-213.B and
24-8-104.B.l. Co
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY
OF ASPEN, COLOR~DO=
Section 1:
That Section 5-213(B), "Permitted uses" for the "office (O)" zone
district, Article 5 of Chapter 24 of the Municipal Code of the city
of Aspen, Colorado, is hereby amended to read as follows:
Section 5-213. office (0).
B. Permitted uses. The following uses are permitted as of
right in the office (O) zone district.
1. Detached residential dwellings and multi-family
dwellings;
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2. Professional business offices;
3o Accessory residential dwellings restricted to
affordable housing guidelines;
4. Home occupations;
5. Group homes;
6. Accessory buildings and uses;
7o Dormitory; and
8. A mixed-use building(s) comprised of a residential
dwelling unit and permitted and conditional uses in the
Office (O) zone district so long as such conditional use
has been approved subject to the standards and procedures
established in Article 7, Division 3 of this chapter.i
Section 2:
That Section 8-104(B).1.c, "Exemption by commission" of Article 8
of Chapter 24 of the Municipal Code of the city of Aspen, Colorado,
is hereby amended to read as follows:
Section 24-8-104. Exemptions.
B. Exemption by commission.
1. General. Development which may be exempted by the
commission shall be as follows:
c. Historic landmark. The enlargement of an historic
landmark to be used as a commercial or office development
which increases the building's existing floor area ratio
and its net leasable square footage or the enlargement
of an historic landmark which develops more than one (1)
residential dwelling or three (3) hotel, motel, lodge,
bed and breakfast, boardinghouse, roominghouse
dormitory units or the enlargement of an historic
landmark for mixed-use as a commercial, office or lodge
development and which adds a residential dwelling unit,
which increases the building's or parcel's existing floor
area ratio and its net leasable square footage.
The applicant shall demonstrate that as a result of
the development, mitigation of the project's community
impacts will be addressed as follows:
(1) For an enlargement at the maximum floor area
permitted under the external floor area ratio for
the applicable zone district (excluding any bonus
floor area permitted by special review), the
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applicant shall provide affordable housing at one
hundred (100) percent of the level which would meet
the threshold required in Section 24-8-106 for the
applicable use. For each one (1) percent reduction
in floor area below the maximum permitted under the
external floor area ratio for the applicable zone
district (excluding any bonus floor area permitted
by special review), the affordable housing
requirement shall be reduced by one (1) percent.
The applicant shall place a restriction on the
property, to the satisfaction of the city attorney,
· requiring that if, in the future additional floor
area is requested, the owner shall provide
affordable housing impact mitigation at the then
current standards.
Any affordable housing provided by the applicant
shall be restricted to the housing designee's
Category 3 price and income guidelines as set forth
in the Affordable Housing Guidelines establishedby
the Aspen/Pitkln County Housing Authority.
(2) Parking shall be provided according to the standards
of Article 5, Division 2 and Division 3 of this
chapter, if HPC determines that it can be provided
on the site's surface and be consistent with the
review standards of Article 7, Division 6 of this
chapter. Any parking which cannot be located on-
site and which would therefore be required to be
provided via a cash-in-lieu payment shall be waived.
(3) The development's water supply, sewage treatment,
solid waste disposal, drainage control,
transportation and fire protection impacts shall be
mitigated to the satisfaction of the commission~
(4) The compatibility of the project's site design with
surrounding projects and its appropriateness for the
site shall be demonstrated, including but not
limited to consideration of the quality and
character of proposed landscaping and open space,
the amount of site coverage by buildings, any
amenities provided for users and residents of the
site, and the efficiency and effectiveness of the
service delivery area°
Section 3:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
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holding shall not affect the validity of the remaining portions
thereof.
Section 4:
This Ordinance shall not effect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances~
Section 5:
c hearing on the Ordinance shall be held on the /_~__ day of
, 1992 at 5:00 P.M. in the City Council Chambers, Aspen
city Hall, Aspen Colorado, fifteen (15) days prior to whichi a
hearing of public notice of the same shall be published inl a
newspaper of general circulation within the City of Aspen°
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
th$ city Council of .the City of Aspen on the /~ day of
~~__, 1992
John B~ennett, Mayor
Kathryn~. KoCh, Cl~y er
FINALLY ADOPTED this/~ day of~ 1992.~
.~ ///~ j John ~nnett, Mayor
ATTEST·/~ ~-~
Kathryn Si~ Koch,.~ity Cl~rk
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