HomeMy WebLinkAboutordinance.council.039-99 ORDINANCE NO. 39
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND THE GROWTH MANAGEMENT QUOTA SYSTEM,
SECTION 26.470, AMEND THE LODGE PRESERVATION OVERLAY (LP)
ZONE DISTRICT, SECTION 26.710.320, AMEND THE DEFINITIONS OF
"LODGE" AND "SHORT-TERM," SECTION 26.104.100, AND AMEND THE
OFF-STREET PARKING REGULATIONS, SECTION 26.515.030 OF THE LAND
USE CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Planning Director of the Community Development
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 6f 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 at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WltEREAS, the form of land ownership known as "condominium" is an allowed
· form of ownership ha all Zone Districts of the City of Aspen, including the Lodge
Preservation (LP) Overlay Zone District, even though the term is not proposed as a listed
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.
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, and members of
he public during a dniy noticed public hearing; and,
Ordinance No. 39, Series of 1999.
Page 1
WHEREAS, the City Council finds that the text 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 commonly referred to as the "Lodge Preservation
Program," meet or exceed all applicable Standards and that the approval is consistent with
the goals and elements of the Aspen Area Community Plan; and,
WltEREAS, the City Council finds that tiffs Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1:
Section 26.470.070(M), which section defines, authorizes, and regulates the process for
exempting certain types of development in the Lodge Preservation (LP) Overlay Zone
District from the competition and scoring procedures of the Growth Management Quota
System (GMQS), is hereby amended by replacing, in total, the language in said section
with the following text:
M. 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 hearing, that the
following criteria are met:
(1) The proposed development is consistent with the Aspen Area Community
Plan.
(2) 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.
(3) Employee housing or cash-in-lieu will be provided to mitigate for
additional employees generated by the development 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.
(4) Adequate parking spaces and public facilities exist, will be provided for
the development, or that adequate mitigation measures will be provided.
An existing deficit of required parking may be mainta'med through
redevelopment.
Ordinance No. 39, Series of 1999.
Page 2
(5) 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:
Section 26.470.080(B)(3), which section defines the review procedures for granting
development allocations exempt from the competition and scoring procedures of the
Growth Management Quota System (GMQS), is hereby amended 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 application for exemption is complete and has made a
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:
Section 26.470.080(B)(5), which section defined, authorized, and regulated the review
procedures for granting development allocations to development within the Lodge
Preservation (LP) Overlay Zone District, the previous LP Program being replaced by this
Ordinance, is hereby amended by striking, in its entirety, subparagraph (5).
Section 4:
Section 26.470.050(A)(1), which section defines the Base Allotment Pool corresponding
to the desired annual growth rate within the Aspen Metro Area according to land use
type, is hereby amended with the addition of the following language:
Lodge Preservation (LP) Overlay Zone Tourist Accommodations: 11 Units
Section 5:
Section 26.470.050(C)(1), which section defines the process for determining the Standard
Maximum Allotment Pool corresponding to the number of allotments available in any
given year considering any accumulated deficit/surplus from previous years, is hereby
amended with the establiskment of the accumulated allotment surplus, denoted as factor
Ordinance No. 39, Series of 1999.
Page 3
"A" !n the equation provided in said section, as 27 units for the growth management year
beginning June 1 of 1999.
Section 6:
Section 26.710.320, which section defines the purpose of, and regulates permitted uses,
conditional uses, and dimensional requirements for properties within the Lodge
Preservation (LP) Overlay Zone District, is hereby amended by replacing, in total, the
language in said section with the following text:
Lodge Preservation (LP) Overlay Zone District.
A. 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.
B. Permitted uses. The following uses are pemfitted as of right in the LP Overlay
zone district.
1. Lodge;
2. Boarding house;
3. Dormitory;
4. Affordable housing for employees of the lodge;
5. 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;
6. Accessory buildings and uses.
7. 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
Ordinance No. 39, Series of 1999.
Page 4
zone districts, the dimensional requirements of the underlying zone district may be varied
pursuant to section 26.445, Planned Unit Development.
Section 7:
Section 26.104.100, which section defines terms used in the Land Use Code, is hereby
amended to include the following terms to read as:
Lodge. Same as hotel, except that lodges 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 months of each calendar year, and may have
kitchens within individual lodge rooms.
Short-Term. The occupancy of a Hotel or Lodge unit for a rental time period not
exceeding one (1) month in duration.
Section 8:
Section 26.515.030, which section defines and regulates the amount, characteristics of,
and process for varying, the number of reqnired off-street parking spaces, is hereby
amended to read as follows:
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
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:
Section 26.515.030, which contains a chart defining the number of required off-street
parking spaces according to zone district designation, is hereby amended by replacing, in
total, the language in the chart under Lodge Preservation (LP) Overlay Zone District with
the following text:
LP Overlay 0.7 spaces/bedroom *, unless otherwise 4 spaces/1000 Square feet
unless otherwise established pursuant of net leasable area,
established pursuant to Section 26.445, unless otherwise
to Section 26.445, ' Planned Unit established pursuant to
Planned Unit i Development. Section 26.445, Planned
Development. Unit Development.
Section 10:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Ordinance No. 39, Series of 1999.
Page 5
Section 11:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repe01ed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 12:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 13:
A public hearing on the Ordinance was held on the 12s day of October, 1999 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.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on this 13t~ day of September, 1999.
Kathryn S,'~h, Cqty Clerk l~chel E. Richards
FINALLY, adopted, passed and approved this 12, day of ~L,4999.
Kathryn S].~h, City Clerk 'hards
Approved as to form:
~ity/Attor~ey
'C:~home\CHRISB\CASES~LP_PROGR~LP_ORD.doc
Ordinance No. 39, Series of 1999.
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