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HomeMy WebLinkAboutcoa.lu.ca.Miscelaneous Amendments.0004.2005 City of Aspen Community Development Dept. CASE NUMBER 0004.2005.ASLU PARCEL 10 NUMBER 0000-02-0-99-999 PROJECT ADDRESS 0 ZERO PLANNER JAMES LINDT CASE DESCRIPTION MISCELLANEOUS CODE AMENDMENTS REPRESENTATIVE JAMES LINDT 429-2763 DATE OF FINAL ACTION 3/18/2005 CLOSED BY Denise Driscoll , E1ie ~t Record Navilloto I J----- FlJIll Reports Format lob tiOIP ul ernllts ~ - @>> ,~~ 2!l ~ .. ~J': ~_ 'ill ~, ",,.-~.:'1Jd~~. Rouling Hisloly I honditions I Sub fe,mits I Main T RO!oIing Stolus I ArchlEng I POIce]s I Permit Type Ad.hss 10 ZERO City IASPEN PO.mllriOim'" ' Mestef Pe,mit I ,;j p,ojectl J oesa~lm~O(f~~D~~~ Submlted IJAMES LINDT 429,2763 r Vl>ible on thO wob? Owner- ^ Lest NsnelCITY OF ASPEN Phone 119701920,5000 '" Owner Is Applicant? J Frst Name I < ~H .J . yaluation Custom Fjekls 14 G . - H 181 Il If.:.,!unp 1 4 P~fic Comm... I Attecbmonts Feel Fee SL.ll"ll'R5~ actioN Permit # 0004.20Q5,ASLU ApVSl.itel Stete fCcl3 AoutngQueue 1~$lu S talus I pendinQ CIock.!RiSlning Permit 10: I Zip 181611 DaysID 32482 Appied 101/1012005 f3 Approved I !] Issued I f!l Final I !] E><pr.. 101/05/2006 .sij 130 S GALENA ST ASPEN CO 81611 r' A .. . ^ ~ -------~: ,>:1 ., /J..:PfJr/OU ed I~,,!. .'~ u- I r,-~" U .r . 'Vol'e. (Yt/I (SERIES OF 2005) 3// t..J-/os AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING 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. .,r--. ORDINANCE NO. 13 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, recommending that City Council approve the proposed land use code amendments; and, WHEREAS, during a duly noticed public hearing on March 14,2005, the Aspen City Council considered the recommendation of the Planning and Zoning Commission, the Community Development Director, and took public comment and approved Ordinance No. 13, Series of 2005, approving miscellaneous land use code amendments; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF ASPEN 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, City Council hereby approves 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 or 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, commercial, 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, Mechanical equipment may be located in conjunction with storage space, but the floor area on which mechanical equipment exists shall not be considered storage area, 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 the lesser of one-third of the way between the required setback and the property line or four (4) feet. Section 4: That Land Use Code Section 26.7l0.220(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. ......N ....../ Section 6: This Ordinance shall not effect any eXlstmg 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 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 8: A public hearing on this Ordinance was held on the 14th day of March, 2005, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 28th day of February, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed, and approved this 14th day of March, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney V",,, MEMORANDUM FROM: Mayor Klanderud and Aspen City Council Chris Bendon, Community Development Director~ James Lindt, Planner ~ TO: THRU: RE: MISCELLANEOUS LAND USE CODE AMENDMENTS; 2ND READING OF ORDINANCE No. 13, SERIES OF 2005- PUBLIC HEARING DATE: March 14,2005 REQUEST SUMMARY: The Community Development Department proposes miscellaneous code amendments to Section 26 of the City of Aspen Municipal Code (hereinafter called the "Land Use Code"). REVIEW PROCESS: The Department requests approval of the following: 1) Amendments to the Land Use Code; According to Section 26.310.020, public hearings before the Planning and Zoning Commission and City Council are required for any proposed amendments to the Land Use Code. Final Review Authoritv: Citv Council BACKGROUND/ExISTING CONDITIONS: The following proposed code amendments are an accumulation of changes to the code that Staff has been compiling over the past half of a year. Most changes are relatively minor and are, simply clarifications or "clean up" of code language that Staff, as well as Planning and Zoning Commission and City Council, have found to be problematic in the past for one reason or another. STAFF COMMENTS: AMENDMENTS TO THE LAND USE CODE Staff finds that the proposed Amendments to the Land Use Code comply with the applicable review criteria (see Exhibit "A" for Staff Findings). The following is a list of the proposed code amendments, the issue necessitating the amendment, and the proposed solution (also see the ordinance for proposed wording without strikeout and bold text): LAND USE CODE AMENDMENTS STAFF REPORT PAGE I .' SECTION 1- DEFINITION OF EXTERIOR P ASSAGEW A Y: Staff proposes to add a definition of an "exterior passageway" to the land use code because it is a term that is used in the setback requirement that is suggested to be amended in Section 3 of this memorandum below. Staff believes that the term "exterior passageway" as it used in the requirement referenced in Section 3 below means an unenclosed upper-floor deck that is open on at least two (2) sides and that links two or more enclosed portions of a structure. That being the case, Staff is proposing that the following bolded language be added to the code. 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 - DEFINITION OF STORAGE: Staff proposes to add some language to the definition of "storage area" to clearly indicate that plumbing fixtures and mechanical equipment supporting the primary use of the structure are not allowed to be considered storage areas. The proposed amendment is important because storage space does not count towards net leasable square footage and thus is exempt from growth management scoring and competition, and the allowance of plumbing fixtures to be installed within storage space diminishes the utility of the storage space. During 1st reading of the proposed ordinance, Councilwoman Richards questioned whether language could be added to the storage definition allowing mechanical equipment to be co-located with storage area. In response to this request, Staff added proposed language to the definition making it clear that mechanical equipment may be located in storage area, but the floor area on which the mechanical equipment is sited shall not be recognized as storage space. Therefore, Staff is proposing that the following bolded language be added to the code. 26.104.100 Definitions: 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, commercial, or lodging use. Areas defined for storage purposes shall not contain plumbing fixtures or mechanical eqnipment that support the principal residential, commercial, or lodging use of the property. Mechanical equipment may be located in conjunction with storage space, but the floor area on which the mechanical equipment exists shall not be considered storage area. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2 SECTION 3 - PROJECTION OF INDIVIDUAL BALCONIES INTO REOUlRED YARDS: Staff proposes to add some language to clean up the existing code language related to how far an individual balcony can extend into the required setback. The current language reads as follows: 26.S7S.040(A)(3) Individual balconies not utilized as a passageway (provided they do not project more than one-third (1/3) the distance from the exterior wall to the property line)--Four (4) feet Staff has interpreted the above language to mean that an individual balcony can extend one-third of the way between the required setback and the property line up to a maximum of four (4) feet Staff feels that the above language is not clear. Therefore, Staff is proposing that the following language be inserted to replace the above language in its entirety. Section 26.S7S.040(A)(3), Yards- Balconies not utilized as an exterior passageway, may extend one-third of the way between the required setback and the property line u to a maximum of four 4 feet into the setback. At 1st readiug of the proposed ordinance, Mayor Klanderud and Councilwoman Richards requested that Staff supply examples of situations where this regulation would be applied and whether it would provide a greater allowance for balconies in the required setbacks than the current language. This standard is primarily applied to residential properties and the proposed language will not allow for balconies to extend into the required setback any further than they are allotted under the existing language. Under the existing language, the exterior wall of a building can be built on the setback line and the balcony can extend 1/3 of the distance from the wall to the property line in the setback. In applying the proposed language, a balcony would still be allowed to project 1/3 of the distance from the setback line to the property line, up to a maximum of four (4) feet. Mayor Klanderud also questioned whether this standard allowed the balconies on the Southpoint Condominiums to project into their side yard setback as far as they do. In investigating this question, Staff found that the balconies of the South point Condominiums extend within one foot of the property line and were not allowed by this code requirement. SECTION 4- CONSERVATION ZONE DISTRICT: PERMITTED USES: Staff feels that typical special events associated with the activity of operating a ski area at a ski area base should be permitted without requiring a conditional use review as long as the special events committee reviews an event for safety precautions. That being the case, Staff is proposing to add "temporary special events associated with ski areas" as a permitted use in the Conservation Zone District in which the base of Aspen Mountain is located. This is consistent with the language that already exists in the Ski Area Base LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3 Zone District in which the Highlands Base Village is located in. Staff is proposing the following language: Section 26.710.220(B), Conservation Zone District Permitted Uses: Temporary special events associated with ski areas including, but not limited to, such events as ski races, bic c1e races and concerts; with s ecial event committee a roval. SECTION 5 - TIMESHARE FISCAL IMPACT ANALYSIS (TAX BY TAX REVIEW): Staff proposes to add language to the timeshare section of the code that is derived from Staff s policy for reviewing a timeshare fiscal impact analysis provided by a lodge owner that wants to convert their traditional lodge to a timeshare lodge. The fiscal impact analysis is required of lodge owners that want to convert their lodge properties to timeshare lodges and is used to determine if there is likely going to be a reduction in tax revenues collected by the City as a result of the conversion and to ensure that any decrease in tax revenues would be mitigated for in conjunction with the proposed timeshare conversion. So, the fiscal impact analysis that is required to be submitted in a lodge conversion situation is essentially a comparison between existing tax revenues collected by the City and anticipated tax revenues collected by the City over the life of the property as a timeshare lodge. Staff s policy has been to compare existing tax revenues collected by the City with anticipated tax revenues of the proposed timeshare development on a tax by tax basis. Therefore, existing property tax revenues would be compared with anticipated property tax revenues; existing sales tax revenues would be compared with anticipated sales tax revenues; existing lodging tax revenues would be compared with anticipated lodging tax revenues; and anticipated real estate transfer tax revenues upon sell of the property would be compared as a lodge and as a timeshare lodge. Under Staffs policy, if a decline is anticipated in any of the specific tax categories as a result of a conversion to timeshare, an applicant would have to mitigate for the anticipated decline upon converting to timeshare. The City Finance Director has indicated that reviewing the fiscal impact analysis on a tax by tax basis is the most comprehensive method of ensuring that a conversion to timeshare will not have a negative impact on the City's ability to provide services. That being explained, the existing code language does not specifically discuss that the analysis of a timeshare conversion is to be completed on a tax by tax basis which has led some applicants to challenge Staffs tax by tax review policy. Therefore, Staff is proposing that the following bolded language be added to the code to clarify that review of a fiscal impact analysis shall be done on a tax by tax basis. 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 As en City Council. Analysis of the Fiscal 1m act Stud shall com are existin LANO USE CODE AMENDMENTS STAFF REPORT PAGE 4 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 a licant and the As en Cit Council. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed amendments and unanimously recommended approval of the amendments in the form that City Council is reviewing. The Planning and Zoning Commission's Resolution and minutes are attached as Exhibit "B". STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of the amendments to the Land Use Code as proposed in the attached ordinance and described in this memorandum. C1TYMANAGER'SCOMMENTS:~ G~ ~ ') ~ ~~~ ~;t;, r~~. RECOMMENDED MOTION: "I move to approve Ordinance No. 13, Series of 2005, approvmg miscellaneous amendments to the Land Use Code." A TT ACHMENTS: Exhibit A: Amendments to the Land Use Code - Staff Findings Exhibit B: Planning and Zoning Commission Resolution and Minutes LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5 ORDINANCE NO. 13 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING 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 1, 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, recommending that City Council approve the proposed land use code amendments; and, WHEREAS, during a duly noticed public hearing on March 14,2005, the Aspen City Council considered the recommendation of the Planning and Zoning Commission, the Community Development Director, and took public comment and approved Ordinance No. 13, Series of 2005, approving miscellaneous land use code amendments; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF ASPEN 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, City Council hereby approves 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, commercial, 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. Mechanical equipment may be located in conjunction with storage space, but the floor area on which mechanical equipment exists shall not be considered storage area. 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 offour (4) feet into the setback. Section 4: That Land Use Code Section 26.71O.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 Ordinance shall not effect any eXlstmg 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 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 8: A public hearing on this Ordinance was held on the l4tl1 day of March, 2005, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 28th day of February, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed, and approved this 14th day of March, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney " EXHIBIT A AMENDMENTS TO THE LAND USE CODE Section 26,310,040 - Standards for Review of an Amendment to the Text of Title 26.' In reviewing an amendment to the text of this Title or an amendment to the official zone district map, City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. STAFF FINDING: I DOES IT COMPLY? I YES Staff is unaware of any portions of this Title that the proposed amendments are in conflict with. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the Land Use Code is largely in compliance with the elements of the AACP and that none of the amendments proposed in this application would affect that compliance. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I DOES IT COMPLY? I YES The proposed amendments apply city-wide and are proposed to help make better land use decisions which are compatible with the existing zone districts, land uses, and neighborhood characteristics. Staff finds that the amendments are in compliance with the provision above. D. The effect of the proposed amendment on traffic generation and road safety. STAFF FtNDlNG: I DOES IT COMPLY? I N/A Staff does not believe that any of the proposed amendments will have any impact - positive or negative - on the traffic generation and road safety within the City of Asoen. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. ,~ -, -- STAFF FINDING: DOES IT COMPLY? N/A Staff finds that the proposed amendments will not result in demands on public facilities or exceed ca acit of an ublic facilities. F_ Whether and the extent to which the proposed amendment would result III significantly adverse impacts on the natural environment. STAFF FINDING: I DOES IT COMPLY? I YES Staff does not believe that there will be any negative impacts to the natural environment as a result of the proposed code amendments_ G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I DOES IT COMPLY? I YES Staff finds that the proposed amendments will result in Code provisions that will continue to protect and be consistent and compatible with the established community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: DOES IT COMPLY? NOT ApPLICABLE The majority of the proposed amendments are in response to problems that the Planning and Zoning Commission and Staff have experienced in administering sections of the Code and are, sim I ,in need of clarification_ L Whether the proposed amendment would be in conflict with the public interest and whether it is in hannony with the purpose and intent of this Title. STAFF FINDING: I DOES IT COMPLV? I YES Staff finds that the proposed amendments will not be in conflict with the public interest and, in fact, will help to protect the public interest and will be in harmony with the intent of this Title- ~Xi1Ib(\f \\;?/( RESOLUTION 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 1, 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 defmition 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 26.1 04.100, 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, commercial, 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 offour (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: Attorney )., . -~ ~'I Jasmine Tygre, Chair D ATTEST: ackie Lothian, Deputy City Clerk ---~-,.~,-,",,"--'."< --'~"'-<""'.''';-''~~''~~~ ASPEN PLANNING & ZONING COMMISSION-Minutes-Februarv 01. 2005 the same shall be conducted and concluded under such prior ordinances. Section 4: 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 Ruth Kruger seconded. Roll call vote: Speck, yes; Kruger, yes; Marion, yes; Skadron, yes; Johns, yes; Tygre, yes; all infavor, Approved 6-0. PUBLIC HEARING: MISCELLANEOUS CODE AMENDMENTS Jasmine Tygre opened the public hearing on the miscellaneous code amendments. James Lindt provided the public notice. Lindt stated the first code amendment was to provide a definition for an exterior passageway. The suggested definition: Exterior Passageway. An unenclosed deck on the secondfloor 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. Lindt said the second code amendment was the definition of 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, commercial, or lodging use. Areas definedfor storage purposes shall not contain plumbingfixtures or mechanical equipment that support the principal residential, commercial, or lodging use of the property. Lindt said the next amendment speaks to balconies and the current language was not all that clear so it was amended to read 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. Lindt explained that Land Use Code Section 26.7 1 O.220(B), was to 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 through Special Events Committee Revie. The commission removed language that allowed the Ski Company a carte blanche for permanent installations or regular use. Allgaier stated the special events committee could regulate the hours of operation for special events. 6 --....--_.."-----<._.__.__.,._---,_."'~-,--_._~"._"~-"." '- ASPEN PLANNINC & ZONING COMMISSION-Minutes-Februarv 01. 2005 Lindt said the next amendment was to 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 P UD Agreement for the project that is entered into between the applicant and the Aspen City Council. MOTION: Ruth Kruger moved to approve Resolution #7, Series 2005, recommending City Council approve the miscellaneous amendments to the Land Use Code with the proposed changes; seconded by Brian Speck. Roll call vote: Speck, yes: Kruger, yes; Marion, yes; Johns, Skadron, yes; Tygre, yes. All infavor, motion approved 6-0. Adjoumed. Transcribed by Jackie Lothian, Deputy City Clerk 7 MEMORANDUM V\ \ a.... TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director-.J\A Joyce Allgaier, Community Development Deputy Director RE: James Lindt, Planner ~L MISCELLANEOUS LAND USE CODE AMENDMENTS; 1sT READING OF ORDINANCE No. 12-, SERIES OF 2005 FROM: DATE: February 28, 2005 REOUEST SUMMARY: The Community Development Department proposes miscellaneous code amendments to Section 26 of the City of Aspen Municipal Code (hereinafter called the "Land Use Code"). REVIEW PROCESS: The Department requests approval of the following: 1) Amendments to the Land Use Code; According to Section 26.310.020, public hearings before the Planning and Zoning Commission and City Council are required for any proposed amendments to the Land Use Code. Final Review Authority: City Council BACKGROUND/ExISTING CONDITIONS: The following proposed code amendments are an accumulation of changes to the code that Staff has been compiling over the past half of a year. Most changes are relatively minor and are, simply clarifications or "clean up" of code language that Staff, as well as Planning and Zoning Commission and City Council, have found to be problematic in the past for one reason or another. STAFF COMMENTS: AMENDMENTS TO THE LAND USE CODE Staff finds that the proposed Amendments to the Land Use Code comply with the applicable review criteria (see Exhibit "A" for Staff Findings). The following is a list of the proposed code amendments, the issue necessitating the amendment, and the proposed solution (also see the ordinance for proposed wording without strikeout and bold text): LAND USE CODE AMENDMENTS STAFF REpORT PAGE I SECTION 1- DEFINITION OF EXTERIOR P ASSAGEW A Y: Staff proposes to add a definition of an "exterior passageway" to the land use code because it is a term that is used in the setback requirement that is suggested to be amended in Section 3 of this memorandum below. Staff believes that the term "exterior passageway" as it used in the requirement referenced in Section 3 below means an unenclosed upper-floor deck that is open on at least two (2) sides and that links two or more enclosed portions of a structure. That being the case, Staff is proposing that the following bolded language be added to the code. 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 - DEFINITION OF STORAGE: Staff proposes to add some language to the definition of "storage area" to clearly indicate that plumbing fixtures and mechanical equipment supporting the primary use of the structure are not allowed within storage areas. The proposed amendment is important because storage space does not count towards net leasable square footage and thus is exempt from growth management scoring and competition, and the allowance of plumbing fixtures to be installed within storage space diminishes the utility of the storage space. Therefore, Staff is proposing that the following bolded language be added to the code. 26.104.100 Definitions: 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, commercial, or lodging use. Areas defined for storage purposes shall uot contain plumbing fixtures or mechanical equipment that support the principal residential, commercial, or lodging use of the property. SECTION 3 - PROJECTION OF INDIVIDUAL BALCONIES INTO REQUIRED YARDS: Staff proposes to add some language to clean up the existing code language related to how far an individual balcony can extend into the required setback. The current language reads as follows: 26.575.040(A)(3) Individual balconies not utilized as a passageway (provided they do not project more than one-third (1/3) the distance from the exterior wall to the property line)--Four (4) feet Staff has interpreted the above language to mean that an individual balcony can extend one-third of the way between the required setback and the property line up to a maximum LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2 ~M~'.'."'.__~""-"'" of four (4) feet. Staff feels that the above language is not clear. Therefore, Staff is proposing that the following language be inserted to replace the above language in its entirety. Section 26.575.040(A)(3), Yards- Balconies not utilized as an exterior passageway, may extend one-third of the way between the required setback and the property line u to a maximum of four 4 feet into the setback. SECTION 4- CONSERVATION ZONE DISTRICT: PERMITTED USES: Staff feels that typical special events associated with the activity of operating a ski area at a ski area base should be permitted without requiring a conditional use review as long as the special events committee reviews an event for safety precautions. That being the case, Staff is proposing to add "temporary special events associated with ski areas" as a permitted use in the Conservation Zone District in which the base of Aspen Mountain is located. This is consistent with the language that already exists in the Ski Area Base Zone District in which the Highlands Base Village is located in. Staff is proposing the following language: Section 26.710.220(B), Conservation Zone District Permitted Uses: Temporary special events associated with ski areas including, but not limited to, such events as ski races, bic cle races and concerts; with s ecial event committee a roval. SECTION 5 - TIMESHARE FISCAL IMPACT ANALYSIS (TAX BY TAX REVIEW): Staff proposes to add language to the timeshare section of the code that is derived from Staffs policy for reviewing a timeshare fiscal impact analysis provided by a lodge owner that wants to convert their traditional lodge to a timeshare lodge. The fiscal impact analysis is required of lodge owners that want to convert their lodge properties to timeshare lodges and is used to determine if there is likely going to be a reduction in tax revenues collected by the City as a result of the conversion and to ensure that any decrease in tax revenues would be mitigated for in conjunction with the proposed timeshare conversion. So, the fiscal impact analysis that is required to be submitted in a lodge conversion situation is essentially a comparison between existing tax revenues collected by the City and anticipated tax revenues collected by the City over the life of the property as a timeshare lodge. Staffs policy has been to compare existing tax revenues collected by the City with anticipated tax revenues of the proposed timeshare development on a tax by tax basis. Therefore, existing property tax revenues would be compared with anticipated property tax revenues; existing sales tax revenues would be compared with anticipated sales tax revenues; existing lodging tax revenues would be compared with anticipated lodging tax revenues; and anticipated real estate transfer tax revenues upon sell of the property would be compared as a lodge and as a timeshare lodge. Under Staffs policy, if a decline is anticipated in any of the specific tax categories as a result of a conversion to timeshare, an applicant would have to mitigate for the anticipated decline upon converting to timeshare. The City Finance Director has indicated that reviewing the fiscal impact analysis on a tax LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3 by tax basis is the most comprehensive method of ensuring that a conversion to timeshare will not have a negative impact on the City's ability to provide services. That being explained, the existing code language does not specifically discuss that the analysis of a timeshare conversion is to be completed on a tax by tax basis which has led some applicants to challenge Staffs tax by tax review policy. Therefore, StatY is proposing that the following bolded language be added to the code to clarify that review of a fiscal impact analysis shall be done on a tax by tax basis. 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. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed amendments and unanimously recommended approval of the amendments in the form that City Council is reviewing. The Planning and Zoning Commission's Resolution is attached as Exhibit "B" and the minutes from their meeting on this matter will be included in the packet for second reading of the ordinance. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of the amendments to the Land Use Code as proposed in the attached ordinance and described in this memorandum. CITY MANAGER'S COMMENTS: ~." ~....Q ~ ~ ~ ,;' , ." ~. 11- , . -{I. ~p 1'0 "'f' '~ c...JVOl /l QAt. d ,1M-.. RECOMMENDED MOTION: "I move to approve upon first reading, Ordinance No.13, Series of 2005, approving miscellaneous amendments to the Land Use Code." ATTACHMENTS: Exhibit A: Amendments to the Land Use Code - Staff Findings Exhibit B: Planning and Zoning Commission Resolution LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4 CITY COUNCIL AGENDA February 28, 2005 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Mayor's Comments b) Councilmembers' Comments c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #4, 2005 - Main Street Banner - Mountain Travel Symposium b) Spring Jam Core Party Special Event Requests. c) Little Ajax Footprint Changes d) Resolution #5, 2005 - Contract for Parks Vehicle e) Board Appointments f) Minutes - February 14, 2005 VII. First Reading of Ordinances a) Ordinance #13,2005 - Code Amendments - Miscellaneous Land Use P.H. 3/14 b) Ordinance #14,2005 - Charter Amendment -Municipal Court Jurisdiction P.H. 3/14 VIII. Public Hearings a) Ordinance #50, 2004 - Fox Crossing Subdivision b) Ordinance #4,2005 - 701 West Main Street Historic Lot Split (continue to 3/28) c) Ordinance #8, 2005 - Soldner/Burlingame Ranch Initial Zoning d) Ordinance #9, 2005 - Code Amendment - Lodge Zone District e) Ordinance #5,2005 - Code Amendment - Commercial/Design Pedestrian Amenities f) Ordinance #7,2005 - Code Amendment - Mixed Use Zone District g) Resolution #6, 2005 - Appeal of Code Interpretation - Condition Use for Parking Lot IX. Action Items X. Adjournment Next Regular Meeting March 14.2005 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMA TEL Y 7 P.M. ORDINANCE NO. t ~ (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING 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, recommending that City Council approve the proposed land use code amendments; and, WHEREAS, during a duly noticed public hearing on March 14,2005, the Aspen City Council considered the recommendation of the Planning and Zoning Commission, the Community Development Director, and took public comment and approved Ordinance No. , Series of 2005, approving miscellaneous land use code amendments; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF ASPEN 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, City Council hereby approves 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 -;.c..>,"_~,_.'.<<" "_____...,,_____ -~------"_.._~.~'_.~...- -," -.-,.' ... -..._.._---""~..~,. ~ , 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, commercial, 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 Ordinance shall not effect any eXlstmg 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 Ordinance is for any reason held invalid or lUlconstitutional 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 8: A public hearing on this Ordinance was held on the 14th day of March, 2005, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 28th day of February, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed, and approved this 14th day of March, 2005. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney -~-,~'.'-"'~-'""~""-'- ",--,,,,,,'--'" EXHIBIT A AMENDMENTS TO THE LAND USE CODE Section 26.310.040 - Standards for Review of an Amendment to the Text of Title 26: In reviewing an amendment to the text of this Title or an amendment to the official zone district map, City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. STAFF FINDING: I DOES IT COMPLY? I YES Staff is unaware of any portions of this Title that the proposed amendments are in connict with. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the Land Use Code is largely in compliance with the elements of the AACP and that none of the amendments proposed in this application would affect that compliance. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I DOES IT COMPLY? I YES The proposed amendments apply city-wide and are proposed to help make better land use decisions which are compatible with the existing zone districts, land uses, and neighborhood characteristics. Staff finds that the amendments are in compliance with the provision above. D. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: I DOES IT COMPLY? I N/A Staff does not believe that any of the proposed amendments will have any impact - positive or negative - on the traffic generation and road safety within the City of Aspen. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. ,..._,.,.,...-..--~~.~.-- _......--~"....,,"".- . , STAFF FINDING: DOES IT COMPLY? N/A Staff finds that the proposed amendments will not result in demands on public facilities or exceed ca acit of an ublic facilities. F. Whether and the extent to which the proposed amendment would result III significantly adverse impacts on the natural environment. STAFF FINDING: I DOES IT COMPLY? I YES Staff does not believe that there will be any negative impacts to the natural environment as a result of the prooosed code amendments. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I DOES IT COMPLY? T YES Staff finds that the proposed amendments will result in Code provisions that will continue to protect and be consistent and compatible with the established community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: I DOES IT COMPLY? I NOT ApPLICABLE The majority of the proposed amendments are in response to problems that the Planning and Zoning Commission and Staff have experienced in administering sections of the Code and are, simoly, in need of clarification. 1. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent ofthis Title. STAFF FINDING: I DOES IT COMPLV? I YES Staff finds that the proposed amendments will not be in conflict with the public interest and, in fact, will help to protect the public interest and will be in harmony with the intent of this Title. ~ "'.......... ~,\b\' ~ \\8/1 ..... RESOLUTION 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 1, 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 26.104.1 00, D~finitions: f"'" '-/ 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 26.104.1 00, 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, commercial, 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 off our (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 I, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: David Hoefer, Ass!. City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADORE" OmOPERTY, IA 1(;~jqID ~ "'~S',., CO SCHEDULED PUBLIC HEARING DATE: . ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, (name, please print) being 0 representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. >> _ Posting of notice: By posting of notice, which form was obtained {'rom the Community Development Department, which was made of suitab~, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first~stage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) -_._~...,.,.>-,._-~. RESOLUTION 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 ofthe 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, commercial, 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. City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk ,,_._.,_.. '^.----'-'"."_."~^ -m~ ... MEMORANDUM FROM: Aspen Plmming & Zoning Commission Chris Bendon, Community Development Director ~ James Lindt, Planner 0 --L-- MISCELLANEOUS LAND USE CODE AMENDMENTS; RESOLUTION No. .t1.:F-' SERIES OF 2005- PUBLIC HEARING February I, 2005 TO: THRU: RE: DATE: REQUEST SUMMARY: The Community Development Department proposes miscellaneous code amendments to Section 26 of the City of Aspen Municipal Code (hereinafter called the "Land Use Code"). REVIEW PROCESS: The Department requests approval of the following: 1) Amendments to the Land Use Code; According to Section 26.310.020, public hearings before the Planning and Zoning Commission and City Council are required for any proposed amendments to the Land Use Code. Final Review Authority: City Council BACKGROUNDIEXISTING CONDITIONS: The following proposed code amendments are an accumulation of changes to the code that Staff has been compiling over the past half of a year. Most changes are relatively minor and are, simply, clarifications or "clean up" of code language that Staff, as well as Plmming and Zoning Commission and City Council, have found to be problematic in the past for one reason or another. None of the proposed amendments contemplate any major shift in policy. STAFF COMMENTS: AMENDMENTS TO THE LAND USE CODE Staff finds that the proposed Amendments to the Land Use Code comply with the applicable review criteria (see Exhibit "A" for Staff Findings). The following is a list of the proposed code amendments, the issue necessitating the amendment, and the proposed solution (also see the resolution for proposed wording without strikeout and bold text): LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1 - ~ " /' " A SECTION 1- DEFINITION OF EXTERIOR P ASSAGEW A Y: Staff proposes to add a definition of an "exterior passageway" to the land use code because it is a term that is used in the setback requirement that is suggested to be anlended in Section 3 of this memorandum below. Staff believes that the tenn "exterior passageway" as it used in the requirement referenced in Section 3 below means an unenclosed second-floor deck that is open on at least two (2) sides and that links two or more enclosed portions of a structure. That being the case, Staff is proposing that the following bolded language be added to the code. 26.104.100 Definitions: Exterior Passageway. An unenclosed second-floor deck 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- famil dwellin units. SECTION 2 - DEFINITION OF STORAGE: Staff proposes to add some language to the definition of "storage area" to clearly indicate that plumbing fixtures and mechanical equipment supporting the primary use of the structure are not allowed within storage areas. The proposed amendment is important because storage space does not count towards net leasable square footage and thus is exempt from growth management scoring and competition, and when you allow plumbing fixtures to be installed within storage space, such space seizes to exist as storage space. Therefore, Staff is proposing that the following bolded language be added t':}~rode. . .7S ~ >KWa4x.- - 7'7d)t, ~4d~ 26.104.10 Definitions: 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, commercial, 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 - PROJECTION OF INDIVIDUAL BALCONIES INTO REOUIRED YARDS: Staff proposes to add some language to clean up the existing code language related to how far an individual balcony can extend into the required setback. The current language reads as follows: 26.575.040(A)(3) Individual balconies not utilized as a passageway (provided they do not project more than one-third (1/3) the distance from the exterior wall to the property line )-- F our (4) feet Staff has interpreted the above language to mean that an individual balcony can extend one-third of the way between the required setback and the property line up to a maximum of four (4) feet. Staff feels that the above language is not clear. Therefore, Staff is LAND USE CODE AMENDMENTS STAFF REPORT PAGE :2 /"'.... proposing that the following language be inserted to replace the above language in its entirety. Section 26.S7S.040(A)(3), Yards- Balconies not utilized as an exterior passageway, may extend one-third of the way between the required setback and the property line u to a maximum of four 4 feet into the setback. SECTION 4- CONSERVATION ZONE DISTRICT: PERMITTED USES: Staff proposes to change the use of "Ski lift and other ski facilities within permitted ski areas" from a conditional use to a permitted use in the Conservation Zone District. Staff is proposing this amendment because it is felt that changes to ski areas in order to accommodate new ski lifts, catwalks, jumps, half-pipes, and other skiing related appurtenances in a pennitted ski area is expected and that the conditional use review standards are not really geared towards reviewing installation of the above items. Additionally, Staff feels that typical special events associated with the activity of operating a ski area at a ski area base should be permitted without requiring a conditional use review as long as the special events committee reviews an event for safety precautions. Staff is proposing to remove "Ski lift and other ski facilities" as a conditional use and insert the following bolded language in the permitted use section of the Conservation Zone District, which is consistent with the permitted use language that exists in the Ski Area Base Zone District. Section~6<710.} ), ~ation aneDjstFicfl>e~ettUses: . . e~ nl)f~kski areas, r~ed uses a supy)K'ffacilitjes1Ypically sociatedwith the uses /and operations of permittJKlski areas. seyt1oJW6.~~~nse vatio ~on~ictpeTm.itted uses~~~:&;s 1- a'ss6ciatelCwi1h sW"aiea~ 109, lmfOot limited to, such events as ski races, bic de races and concerts: with s ecial event committee~w.. 1/jj/tJ! . Note: Special events may require review and approval by the City of Aspen Special Events Committee. SECTION 5 - TIMESHARE FISCAL IMPACT ANALYSIS (TAX BY TAX REVIEW): Staff proposes to add language to the timeshare section of the code that is derived from Staff s policy for reviewing a timeshare fiscal impact analysis provided by a lodge owner that wants to convert their traditional lodge to a timeshare lodge. The fiscal impact analysis is required of lodge owners that want to convert their lodge properties to timeshare lodges and is used to determine if there is likely going to be a reduction in tax revenues collected by the City as a result of the conversion and to ensure that any decrease in tax revenues would be mitigated for in conjunction with the proposed timeshare conversion. So, the fiscal impact analysis that is required to be submitted in a lodge conversion situation is essentially a comparison between existing tax revenues collected by the City and anticipated tax revenues collected by the City over the life of the property as a timeshare lodge. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3 " """ ~ Staffs policy has been to compare existing tax revenues collected by the City with anticipated tax revenues of the proposed timeshare development on a tax by tax basis. Therefore, existing property tax revenues would be compared with anticipated property tax revenues; existing sales tax revenues would be compared with anticipated sales tax revenues; existing lodging tax revenues would be compared with anticipated lodging tax revenues; and anticipated real estate transfer tax revenues upon sell of the property would be compared as a lodge and as a timeshare lodge. Under Staffs policy, if a decline is anticipated in any of the specific tax categories as a result of a conversion to timeshare, an applicant would have to mitigate for the anticipated decline upon converting to timeshare. The City Finance Director has indicated that reviewing the fiscal impact analysis on a tax by tax basis is the most comprehensive method of ensuring that a conversion to timeshare will not have a negative impact on the City's ability to provide services. That being explained, the existing code language does not specifically discuss that the analysis of a timeshare conversion is to be completed on a tax by tax basis which has led some applicants to challenge Staffs tax by tax review policy. Therefore, Staff is proposing that the following bolded language be added to the code to clarify that review of a fiscal impact analysis shall be done on a tax by tax basis. 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 a licant and the As en Cit Council. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of the amendments to the Land Use Code as proposed in the attached resolution and described above. RECOMMENDED MOTION: "I move to approve Resolution No. (ff-;Series 01'2005, recommending that City Council approve mi scellaneous amendments tltile Land Use Code." ATTACHMENTS: Exhibit A: Amendments to the Land Use Code - Staff Findings LAND USE ClnE AMENDMENTS STAFF REPORT PAGE 4 RESOLUTION NO. n;;J---- (SERIES OF 200srt 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.iJ:YSeries of 2005, by a _ to _ L--1 vote, recommending that City Council approve the pr;;p6sed 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 Cowlcil 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 second-floor deck 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. II "....... - '~J' 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, commercial, 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 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 26.71O.220(C), Conservation Zone District, be amended to delete "Ski lifts and other ski facilities" as a conditional use. Section 5: That Land Use Code Section 26.71O.220(B), be amended to add "Alpine and nordic ski areas, related uses and support facilities typically associated with the uses and operations of permitted ski areas" as permitted use in the Conservation Zone District. Section 6: That Land Use Code Section 26.710.220(B), be amended to add "Special events associated with ski areas including, but not limited to, such events as ski races, bicycle races and concerts; with special event committee review" as a permitted use in the Conservation Zone District. Section 7: 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 8: 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 9: 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. City Attomey Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk u_____ II !"'", '--'" "'- EXHIBIT A AMENDMENTS TO THE LAND USE CODE Section 26.310.040 - Standards for Review of an Amendmentto the Text of Title 26.- In reviewing an amendment to the text of this Title or an amendment to the official zone district map, City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. STAFF FINDING: I DOES IT COMPL v? I YES Staff is unaware of any portions of this Title that the proposed amendments are in conflict with. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. STAFF FINDING: I DOES IT COMPL v? I YES Staff believes that the Land Use Code is largely in compliance with the elements of the AACP and that none of the amendments proposed in this application would affect that compliance. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I DOES IT COMPLV? I YES The proposed amendments apply city-wide and are proposed to help make better land use decisions which are compatible with the existing zone districts, land uses, and neighborhood characteristics. Staff finds that the amendments are in compliance with the provision above. D. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: DOES IT COMPLY? N/A Staff does not believe that any of the proposed amendments will have' any impact - positive or negative - on the traffic generation and road safety within the City of As en. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. STAFF FINDING: DOES IT COMPLY? N/A Staff finds that the proposed amendments will not result 111 demands on public facilities or exceed ca acit of an ublic facilities. F. Whether and the extent to which the proposed amendment would result 111 significantly adverse impacts on the natural environment. STAFF FINDING: I DOES IT COMPL v? I YES Staff does not believe that there will be any negative impacts to the natural environment as a result of the proposed code amendments. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I DOES IT COMPL V? I YES Staff finds that the proposed amendments will result in Code provisions that will continue to protect and be consistent and compatible with the established community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: I DOESITCOMPLV? I NOT APPLICABLE The majority of the proposed amendments are in response to problems that the Plmming and Zoning Commission and Staff have experienced in administering sections of the Code and are, simply, in need of clarification. 1. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. STAFF FINDING: I DOES IT COMPLY? I YES Staff finds that the proposed mnendments will not be in conflict with the public interest mld, in fact, will help to protect the public interest and will be in harmony with the intent of this Title. PUBLIC NOTICE RE: MISCELLANEOUS LAND USE CODE AMENDMENTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, March 14, 2005 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, 130 S. Galena St., Aspen, to consider an application submitted by the City of Aspen Community Development Department requesting miscellaneous land use code amendments to several sections of the land use code. The land use code sections subject to the proposed amendments include the following sections: Section 26.104.100, Definitions; Section 26.575.040(A)(3), Projection of individual balconies into required yards; Section 26.590.070(A)(3), Review standards for timeshare lodge development; Section 26.710, Conservation zone district. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763, jamesl@ci.aspen.co.us. sIHelen Kalin Klanderud. Mavor Aspen City Council Published in the Aspen Times on February 27, 2005 City of Aspen Account T" ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESSOFPROPERTV: /fA )'scello [;j eOU's LoCr-e ~'fs~~~~~ SCHEDULED PUBLIC HEARING DATE: '2/; /0 5 ,200 I ' - . STATE OF COLORADO ) ) SS. County of Pitkin ) I, T~ 1/1.1 ~ !--! (1/1 (' j I (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from th, Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide '\; and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Sedtion 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days p~ior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal govemment, school, service district or other govemmental or quasi-govemmental agency that owns' property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. r:h/U{ od~rJl ~atuTe The foregoing "Affidavit of Notice" was acknowledge4 before IVICflthis ) B day of . y-- ,2005, by 0~ 1- ~ y-..&J1J PUBLIC NOTICE RE: MISCELLANEOUS D USE CODE AMENDMENTS NOTICE IS HEREBY (Ii' EN that a publlc hearIng will be held on Tue,t ay, February I, 2005 al a meeting to begin ati 4:30 p.m. before the Aspen PlannIng and ZOIlI' Commission, Sl5ter Cities Room, 130 S. ..oalena St., Aspen, 10 consider an ap. plication subrnltled by the City of Aspen Com- munity Development Department requesting mis- cellaneous land use code amendments 10 several sections 01 the land tille code. The land use code sections subject to the proposed amendments In- clude the following secUOlIs: Section 26.104.100, Dellnitions; Section 26.575.040{A)(3), ProjectIon 01 indlvldual balconies into required yards; Sel:- tlon 26.590.070(A)(3), Review standards fOf lime- share lodge development: Section 26.710, Conser- vatlon zone district. for further informallon. contact James Lindt at the City of Aspen Community Development De- partment, 130 S. Galena St.. Aspen, CO, (970) 429- 2763,jamesl@CLaspen .us. i s/JasmineTygre.Chalr Aspen Plann~ g and Zoning Commission Published In The As~' n Times on January 16, 2005.(2296) . WITNESS MY HAND AND OFFICIAL SEAL J.j /;;x:;, I O~ My c~ion expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION 'JGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL . , Community Development (V_ Department Staff Meeting ____ ~ ~ ----- - "'- Agenda' '~ 9/9/04 9:00 to 11:00 1. Scheduling & Agendas: 2. Items for the Attorneys @ 10:00: . Variance from top of slope- Amy . HP De-listings . 926 W. Francis 3. Land Use Cases: . St. Regis- Spa question- Joyce . Aspen Meadows building . 4. Monthly Report News: Got Any for Chris? 5. Other: . Reich stream margin enforcement . . .D . .... h-ClA---- ----L -LJ IfJL ~-b----- ~/V'- f{,LLfk>-11j ~ /1 /t- ~ J ~ vaV1a.~ UIJ~ goA- V__Y1~~ c..-t~.At-~ Su. 7--b .4~5. 0 to )oS AM~ /2 / e: .~~.~ ~~'w A +- I 2E~~!/Js~ ~)qdd ~\tAf-el/)A Vle-/-f/o'{ \4V1~fACl8Ie-1-6 c~df(J :5 ;7'5, (:if C Of \(3)- 1Mb! c/q Vi r, Co), 0 VI r Cllt.,CJ, U Q'1<.) _-' lJ'tp jowe (' t/141V'tft' -of<ev161/1 WQ (I -rD S'(5!i::ocl. .J - /JrM-'e.-VL ~e..,8;Vl~~OV 09 ~Yo~e h:7 ltAoc.lud..e v\o r-1\A.v...IA;~ 1)0 . "r~~. m-o A~ , , PUBLIC NOTICE RE: MISCELLANEOUS LAND USE CODE AMENDMENTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 1,2005 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, 130 S. GalenaSt., Aspen, to consider an application submitted by the City of Aspen Community Development Department requesting miscellaneous land use code amendments to several sections of the land use code. The land use code sections subject to the proposed amendments include the following sections: Section 26.104.1 00, Definitions; Section 26.435.040(C)(8), Stream Margin Review Standards; Section 26.575.040(A)(3), Projection of individual balconies into required yards; Section 26.590.070(A)(3), Review standards for timeshare lodge development. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763, jamesl@ci.aspen.co.us. s/Jasmine TV2re. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on January 15, 2005 City of Aspen Account