HomeMy WebLinkAboutresolution.apz.007-05RESOLUTION NO. 7
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING CITY COUNCIL APPROVE
AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE
CITY OF ASPEN MUNICIPAL CODE: 26.104.100 - DEFINITIONS; 26.575.040-
YARDS; 26.590- TIMESHARES; 26.710.220- CONSERVATION ZONE
DISTRICT.
WHEREAS, the Community Development Department proposed an application
for an amendment to Title 26 of the City of Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310 of the Aspen Municipal Code,
applications to amend the text of Title 26 shall be reviewed and recommended for
approval or denial by the Community Development Department and then by the Planning
and Zoning Commission at a public hearing. Final action shall be by the City Council
after reviewing and considering the above recommendations; and,
WHEREAS, during a duly noticed public hearing on February I, 2005, the
Planning and Zoning Commission heard the recommendation of the Community
Development Director, took public comment and approved Resolution No. 7, Series of
2005, by a six to zero (6-0) vote, recommending that City Council approve the proposed
land use code amendments; and,
WHEREAS, The Planning and Zoning Commission finds that the amendments
meet or exceed all applicable development review standards and that the approval for the
amendment 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 the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Pursuant to the procedures set forth in Land Use Code Section 26.310, Amendments to the
land use code and official zone district map, the Planning and Zoning Commission hereby
recommends that City Council approve the land use code amendments identified herein.
Section 1:
That the following definition of "Exterior Passageway" be added to Land Use Code Section
26. 104.100, Definitions:
Exterior Passageway. An unenclosed deck on the second floor or above that is
open on at least two (2) sides that links two or more enclosed portions of a
structure and serves as a principal access to outside-loaded lodge rooms and
multi-family dwelling units.
Section 2:
That the definition of "Storage Area" in Land Use Code Section 26.104.100, Definitions,
shall be amended to read as follows:
Storage Area. A detached accessory structure, or a separately accessible portion
of structure, intended to house items normally associated with the principal use of
the property but not independently capable of residential, commemial, or lodging
use. Areas defined for storage purposes shall not contain plumbing fixtures or
mechanical equipment that support the principal residential, commercial, or
lodging use of the property.
Section 3:
That Land Use Code Section 26.575.040(A)(3), Yards, be amended to read as follows:
Section 26.575.040(A)(3): Balconies not utilized as an exterior passageway, may
extend one-third of the way between the required setback and the property line up
to a maximum of four (4) feet into the setback.
Section 4:
That Land Use Code'Section 26.710.220(B), be amended to add "Temporary special
events associated with ski areas including, but not limited to, such events as ski races,
bicycle races and concerts; with special event committee approval" as a permitted use in
the Conservation Zone District.
Section 5:
That the last paragraph of Land Use Code Section 26.590.070(A)(3), Fiscal Impact
Analysis and Mitigation, be amended as follows:
Section 26.590.070(A)(3), Review standards for timeshare lodge development
(last paragraph)- If the fiscal impact study demonstrates there will be an annual
tax loss to the city from the conversion of an existing lodge to a timeshare lodge
in any of the specific tax categories (property tax, sales tax, lodging tax, RETT
tax), then the applicant shall be required to propose a mitigation program that
resolves the problem, to the satisfaction of the Aspen City Council. Analysis of
the Fiscal Impact Study shall compare existing tax revenues for a lodging
property with anticipated tax revenues. The accepted mitigation program shall be
documented in the PUD Agreement for the project that is entered into between the
applicant and the Aspen City Council.
Section 6:
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 virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 7:
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.
APPROVED by the Commission at its regular meeting on February 1, 2005.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
DaVid Hoefer, Asst. Cit~t Attomey
Jasmine Tygre, Chair
ATTEST:
ian, Deputy City Clerk