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HomeMy WebLinkAboutordinance.council.026-81FORM 5~ RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 1981) AN ORDINANCE REPEALING AND RE-ENACTING SECTION 24-13.11 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN SO AS TO CLARIFY THE LIMITATIONS ON THE AMOUNT OF DEED RESTRICTED EMPLOYEE HOUSING UNITS WHICH MAY BE ADDED TO NON-CONFORMING LODGES IN THE R-6 THROUGH R-40 ZONE DISTRICTS WHEREAS, the Aspen Planning and Zoning Commission has recommended that Section 24-13.11 of the Municipal Code of the City of Aspen be revised so as' to clarify the limitations on the amount of deed restricted employee housing units whiCh may be added to non-conforming lodges in the R-6 through R-40 zone districts, and WHEREAS, the City CoUncil desires to repeal and re-enact Section 24-13.11 of the Municipal Code of the City of Aspen pursuant to the recommendations of the Aspen Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITy COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That SeCtion 24-13 11 of the Municipal COde of ~he City of Aspen is hereby repealed and re-enacted to read as follows: Sec. 24-13.11 EMPLOYEE HOUSING IN NON-.CgNFORMING LODGES Notwithstanding the provisions of Section 24-13.4 of this Code, a nonconforming lodge may be enlarged, extended, constructed, re- constructed or Structurally altered for the purpose of constructing deed restricted employee units accessory to the principal use. Such enlargement, extension, construction, reconstruction, or structural alteration must be reviewed and receive approval by the Plan- ning and Zoning Commission pursuant to the conditional use review process of Section 24-3.3 of this Code prior to the issuance of a building permit. FORI4 ~0 C.F. HOECKEL B* O, & L. CO* RECORD OF PROCEEDINGS 100 Leaves The Planning and Zoning Commission shall use the following conditions and review criteria: For non-conforming lodges in the R-6, R-15, R-15A, R-30, R-40; R/MF, CC, C-l, S/C/I, NC and 0 zones, expansion of deed restricted employee units provided there is no increase in lodge units. Review and approval pursuant to review criteria as follows: Compliance with any adopted housing plan, specifically the need for seasonal employee rooms and deed restrictions against commercial rental or sale. be Maximization of construction quality and unit size. Minimization of adverse environ- mental and social impacts. Compatibility with surrounding land uses and zoning including area and bulk requirements of the underlying zone district. Adequacy and availability of utilities. fo Adequacy and availability of parking. In all zones: deed restriction to employee rental price guidelines and against commercial rental or sale. In the event that the lodge is condominium- ized, the deed restricted units must be retained as a portion of the common elements of the lodge. e Health, safety and fire inspection and compliance prior to approval. The expansion may be in rental rooms provided an equal amount of existing square footage is converted from rental rooms to deed restricted employee units. Se The deed restricted units provided at the lodge shall be limited in their rental'solely to employees of that lodge and shall not be rented to other employees of the community nor rented on the open market. -2- RECORD OF PROCEEDINGS 100 Leaves Section 2 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 portion shall be deemed a separate, distinct and in- dependent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 A public hearing on the ordinance shall be held on the ~ day of ~ _, 1981, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once 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, Colorado, at its regular meeting held on the~7 day of ~ , 1981. Herman Edel, Mayor ATTEST: Kathryn S/~/K~ch City Clerk FINALLY adopted, passed and approved on the c~ day of ~f~, 1981. ATTEST: C~rcY~e~k°ch --3--