HomeMy WebLinkAboutresolution.apz.008-82RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING AMENDMENTS TO THE
ASPEN MUNICIPAL CODE CONCERNING NONCONFORMING LODGES
Resolution No. 82-8
WHEREAS, as a result of zoning actions taken by the City of Aspen in
Ordinance ll, Series of 1975, there are presently approximately 28 lodges
which are classified as nonconforming uses in Aspen, and
WHEREAS, the Aspen Planning and Zoning Commission finds that based on the
data contained in the Planning Office's Draft Short Term Accommodations Report,
it is essential that actions be taken to support the existing mix of types and
locations of short term accommodations in Aspen, including the provision of
incentives for existing facilities to be preserved and upgraded, and
WHEREAS, the Aspen Planning and Zoning Commission finds that the 1973
Aspen Land Use Plan designates the Shadow Mountain and East Aspen neighbor-
hoods, in which virtually all of these lodges are located, as "mixed residential",
a category whose intent is "to allow for a mix of residential uses interspersed
with limited amounts of professional office and visitor accommodation uses in
areas where these conditions presently exist. Only existing lodges should be
considered for expansion in order to provide additional guest rooms...", and
WHEREAS, the Commission did hold a work session at a regular meeting on
June 22, 1982 to consider a series of alternative actions designed to remove
the stigma of nonconformity from the lodges and to encourage their renovation
and did conclude that the alternative known as "zoning to use" be pursued
further by the Planning Office, and
WHEREAS, the Commission did hold a public hearing at a regular meeting on
July 6, 1982 to consider the proposed code changes designed to implement the
zoning to use alternative and did direct the Planning Office to prepare this
resolution reflecting the recommendations of the Commission.
NOW THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of
the City of Aspen, Colorado that it does hereby recommend that City Council
adopt the following amendments to the Aspen Municipal Code.
Section 1
That Section 24-2.1 of the Code be amended for the purposes of creating an L-3
zone district, as follows:
(28) L-3 Lodge Preservation.
Section 2
That Section 24-3.2 of the Code be amended for the purposes of establishing
'the intent and uses for the L-3 zone district, as follows:
Intent: To preserve existing lodges in their existing locations and to permit
the limited expansion of these lodges wherever appropriate on-site and/or onto
adjacent properties.
Permitted Uses: Lodge units, lodge units having pre-existing kitchens with
cooking facilities, boarding houses, dormitory; accessory use facilities
intended for guests only commonly found in association with tourist accomoda-
tions including uses such as an office, lounge, kitchen, dining room, laundry
and recreation facilities; deed restricted housing for employees of the lodge.
Conditional Uses: Restaurant included within a lodge operation serving guests
and others.
Section 3
That Section 24-3.4 of the Code be amended for the purposes of establishing
area and bulk requirements for the L-3 zone district, as follows:
Minimum Lot Area: See floor area ratio requirements.
Minimum Lot Area per Dwelling Unit: No requirement.
Minimum Lot Width: No requirement.
Minimum Front Yard: 10.
Minimum Side Yard: 5.
Minimum Rear Yard: 10.
Maximum Height: 25.
Minimum Distance Between Principal and Accessory Building: 10.
Percent of Open Space Required for Building Site: 35.
External Floor Area Ratio: Established by Special Review, not to exceed
1:1.
Internal Floor Area Ratio: Rental space 0.5:1 - 0.75:1, nonunit space
0.25:1, provided that 33-1/3 percent of all
rental space above the FAR of 0.5:1 must be
devoted to employee housing.
Section 4
That Section 24-3.5(a) of the Code be repealed and re-enacted for the purposes
of revising the special review criteria which are applied to the determination
of area and bulk requirements, as follows:
(a) Whenever it shall be indicated on the Area and Bulk Requirements
Chart that the application is subject to Special Review (SR), the Planning and
Zoning Commission shall allow or deny the development after considering the
following criteria as they may apply to the particular application in question,
although the Commission need not make findings relative to each of these
criteria:
(1)
The compatibility of the development with surrounding land uses
and zoning, including area and bulk requirements, on-site
characteristics and visual impacts such as viewplanes;
(2)
Whether there will be provided sufficient off-street parking as
determined by (a) the intended use of the property, (b) the
walking distance to the downtwon area and, (c) the availability
of public transportation;
(3)
The adequacy of access to the site as measured by the width,
grade, visibility and intersection safety of adjacent streets
and the entrance into the lot to be developed;
(4)
The existent water pressure in the area and the ability to
supply domestic needs and provide fire protection, including
access to the water supply system for fire protection;
(5)
The impact of the development considering the potential for
stream and air pollution and the availability of public or
private facilities to serve the development, including sewer,
drainage and other services;
(6)
Whether the development otherwise complies with the zoning,
subdivision, building and other land use regulations of the
City of Aspen.
Section 5
That Section 24-3.7(k) of the Code be repealed and re-enacted for the purposes
of consistency in the limitation on maximum density in zone districts in which
a Special Review is required to determine the appropriate area and bulk require-
merits, as follows:
(k)
Maximum residential density in zone districts. Whenever within the
RMF, O, SCI, NC, C-l, L-1 and L-2 districts multi-family structures
are constructed, there shall be permitted no more than one bedroom
per one thousand (1,O00) square feet of lot area, nothing herein to
the contrary notwithstanding. This restriction shall not apply to
sites or areas upon which the Residential Bonus Overlay district has
been applied in accordance with Article X of this chapter.
Section 6
That Section 24-4.2(a) of the Code be repealed and re-enacted for the purposes
of establishing the characteristics of off-street parking spaces in the L-3
zone district, as follows:
(a)
Each off-street parking space in all zone districts within the City
of Aspen shall consist of an open area measuring eight and one-half
(8½) feet wide by eighteen (18) feet long and seven (7) feet high.
Each parking space shall have a public unobstructed area for access
to a street or alley. Off-street parking must be paved with all-
weather surfacing or be covered with gravel and be maintained in a
useable condition at all times.
Section 7
That Section 24-4.5 of the Code be amended for the purposes of establishing
off-street parking requirements for the L-3 zone district, as follows:
Lodge Uses:
1/Bedroom
Residential Uses: Review
All Other Uses: Review.
Section 8
That Section 24-13.10 of the Code be repealed and re-enacted for the purposes
of including nonconforming structures within the provisions of the lodge
preservation regulations, as follows:
(a)
All single-family, duplex, multi-family, lodge and hotel uses that
were lawfully established and continually so used thereafter but
located within a zoning district where such use is currently not
either a permitted or conditional use are by definition nonconforming
uses, but, pursuant to the provisions of this section, are to be
considered conforming uses and are not subject to the provisions of
Section 24-13.2, 24-13.4 and 24-13.5, provided:
(1)
All new construction and reconstruction of a structure shall
meet the area and bulk requirements of the underlying district.
If renovation of a structure is to be performed it shall not
increase the nonconformity of the structure. For the purpose
of this section, the investment of less than fifty (50) per-
cent of the appraised value of the structure, net of land value,
is considered renovation and the investment of fifty (50)
percent or more of the value of the structure is considered
reconstruction;
(2) No increase in the number of units or square footage shall
be allowed;
(3)
Any change in use shall not be to a use of a lower or less
restrictive classification, but rather to a use of the same or
higher classification;
(4)
If any such use of land ceases for any reason for a period
of more than one year, any subsequent use of land shall conform
to the regulations specified by the code for the district in
which such land is located. The act of obtaining a building
permit within the one-year period shall be considered suffi-
cient to meet this deadline, and the use may be re-established
at the completion of construction.
(b)
All multi-family, lodge and hotel structures that were lawfully
established and continually so used thereafter but located within a
zoning district where such structure does not comply with the restrictions
on area, lot coverage, height, yards, its location on the lot or
other requirements on the structure are by definition nonconforming
structures, but pursuant to the provisions of this section, are to
be considered conforming structures and are not subject to the
provisions Section 24-13.3 and 24-13.5 provided:
(1)
All new construction and reconstruction of a structure shall
meet the area and bulk requirements of the underlying district.
If renovation of a structure is to be performed it shall not
increase the nonconformity of the structure. For the purpose
of this secti, on, the investment of less than fifty (50)
percent of the appraised value of the structure, net of land
value, is considered renovation and the investment of fifty
(50) percent or more of the value of the structure is considered
reconstruction;
(2)
If any such structure or nonconforming portion of a structure is
destroyed by any means and shall not have been repaired or replaced
within two (2) years from the date of its loss, it shall not be
reconstructed except in conformance to the regulations specified by
the Code for the district in which such land is located. The act of
obtaining a building permit within the two (2) year period shall be
considered sufficient to meet this deadline and the structure may be
reestabished at the completion of construction.
Approved by the Aspen Planning and Zoning Commission at their regular
meeting on August 3, 1982.
ASPEN PLANNING AND ZONING COMMISSION
ATTEST:
~B~ Clerk