Loading...
HomeMy WebLinkAboutordinance.council.050a-05 ORDINANCE NO. 50-a (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO SECTIONS 26.104.030, COMPREHENSIVE COMMUNITY PLAN; 26.208.010, POWERS AND DUTIES; 26.212.010, POWERS AND DUTIES; 26.220.010, POWERS AND DUTIES; 26.575.040, YARDS; 26.710.190, LODGE (L); AND 26.710.200, COMMERCIAL LODGE (CL) OF THE CITY OF ASPEN MUNICIPAL CODE. WHEREAS, the Community Development Department is interested in providing clarification on the process of adopting plans and guiding documents and how the plans or guidelines will be used in relation to currently adopted plans; and, WHEREAS, the Community Development Department finds it is necessary to amend the way a setback is measured from a private road; and, WHEREAS, the Community Development Department initiated code amendments to the Lodge zone district and Commercial Lodge zone district standards to encourage new development and redevelopment of lodging units within the city and finds that additional amendments to the code are necessary to facilitate new development and redevelopment of lodging units; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the text amendments under the applicable provisions of the Municipal Code as listed under Land Use Code Section 26.310.040, Standards of review; and, WHEREAS, the Aspen Planning and Zoning Commission during a duly noticed public hearing on November I, 2005 and continued on November 22, 2005, as required by Section 26.3 10.020, Procedure for amendment, approved Resolution No. 34, Series of 2005, by a five to zero (5-0) vote, approving the recommended changes to the above referenced sections of the Land Use Code, and recommending that City Council approve the proposed amendments. WHEREAS, the Aspen City Council has reviewed and considered the code amendments under the applicable provisions of the Municipal Code as identified herein, has taken public testimony, and heard the recommendations of the Planning and Zoning Commission and Community Development Director on January 9, 2006, continued to March 13, 2006, and again continued to April 10, 2006; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Section 26.104.030 of the Municipal Code, which section sets forth the Comprehensive Community Plan shall be amended to read as follows: Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or Documents. Page 1 of7 The city shall from time to time adopt and update a comprehensive community plan (known as the Aspen Area Community Plan or AACP) which shall establish and project the city's land use and development planning philosophy, goals, and policies. The comprehensive community plan shall be broad in scope, and serve as a guide to all land use development and planning. The plan shall encourage and incorporate regional planning as well as land use development cooperation and coordination between the city and neighboring communities and jurisdictions. From time to time the city may re-adopt, amend, extend, or add to its comprehensive community plan, or carry any part of its subject matter into greater detail through the development of supplemental plans, guidelines, or documents. Within the text of these plans, guidelines, or documents it shall be described how the material shall be used in relation to the AACP, land use development, and planning. Specifically, there shall be a determination of whether the document shall be used as a guiding or regulatory document. The document shall be adopted by resolution or ordinance, as provided in Chapter 26.200, Administration - Decision Making Bodies. Before the adoption of a plan or any such part, amendment, extension, or addition by an adopting body, at least one (I) public hearing shall be conducted, notice of the time and place of which shall be given by one (I) publication in a newspaper of general circulation in the city as outlined in Section 26.304.060 E.3.a., Publication of notice. Section 2: Section 26.208.010 of the Municipal Code, which section sets forth the powers and duties of the City Council, is hereby amended to by amending subsection (I) to read as follows: 1. To adopt by resolution or ordinance any plans, guidelines, or documents that will be used in a guiding or regulatory capacity by the city. How the material shall be used in relation to the AACP, land use development, and planning shall be described in the content of the resolution or ordinance. Specifically, there shall be a determination of whether the document will be used as a guiding or regulatory document. When used as a guiding document of the city it shall be adopted by resolution and when used as a regulatory document it shall be adopted by ordinance. Any plans, guidelines or documents that are adopted by resolution or ordinance shall not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or Documents; Section 3: Section 26.212.010 of the Municipal Code, which section sets forth the powers and duties of the Planning and Zoning Commission, is hereby amended to by adding subsection (R) to read as follows: R. To adopt by resolution any plans, guidelines, or documents that will be used in a guiding capacity by the Commission or, if to be used in a regulatory capacity, to recommend via resolution adoption of any plans, guidelines, or documents by the City Council. How the material shall be used in relation to the AACP, land use development, and planning shall be described in the content of the resolution. Specifically, there shall be a determination of whether the document will be used as a guiding or regulatory document. When a plan, Page 2 of? guideline, or document is to serve as a regulatory document as determined by the Commission, the resolution shall include a recommendation to the City Council for adoption of the document by ordinance. Any plans, guidelines or documents that are adopted by resolution shall not be adopted until notice is provided as outlined in Section 26. I 04.030, Comprehensive Community Plan and Other Plans, Guidelines, or Documents. Section 4: Section 26.220.010 of the Municipal Code, which section sets forth the powers and duties of the Historic Preservation Commission, is hereby amended to by amending subsection (E) to read as follows: E. To adopt by resolution any plans, guidelines, or documents that will be used in a guiding capacity by the Commission or, if to be used in a regulatory capacity, to recommend via resolution adoption of any plans, guidelines, or documents by the City Council. How the material shall be used in relation to the AACP, land use development, planning, and historic preservation shall be described in the content of the resolution. Specifically, there shall be a determination of whether the document shall be used as a guiding or regulatory document. When a plan, guideline, or document is to serve as a regulatory document as determined by the Commission, the resolution will include a recommendation to the City Council for adoption of the document by ordinance. Any plans, guidelines or documents that are adopted by resolution shall not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or Documents. Section 5: Section 26.575.040 of the Municipal Code, which section sets forth supplemental regulations that shall apply to all yards, is hereby amended to by amending subsection (B) to read as follows: B. Required Yards Adjacent to Private Streets or Rights-of-Way. Where there is no public dedication and the lot line extends into the right-of-way, the required yard setback shall equal the minimum distance specified under the zone district regulations along the closest boundary of the right-of-way to the proposed structure. When a property's lot line does not extend into the right-of-way, the required yard setback shall equal the minimum distance specified under zone district regulations from the lot line. Please refer to Figure 575.1, Required Setback from a Private Road or Right-of-Way. Page 3 of7 -.-.-.- -.-.- -.-.-.-.- ll-- ---= [j.----.-.- -'-. --- - -~- - Figure 575.1: Required Setback from a Private Road or Right-of-Way Section 6: Section 26.710.190 of the Municipal Code, which section sets forth regulations for the development of land within the Lodge (L) zone district, is hereby amended to by amending subsection (0)(6) to read as follows: 6. Minimum rear vard setback (feet): Five (5). Plus, a trash/utility service area shall be required abutting the alley, pursuant to Section 26.575.060, Utility/TrashlRecycle Service Area. Section 7: Section 26.710.190 of the Municipal Code, which section sets forth regulations for the development of land within the Lodge (L) zone district, is hereby amended to by amending subsection (D)(IO)(A) to read as follows: A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one or more lodge units per 500 square feet of Lot Area and an average lodge unit size of 500 square feet or less. This FAR schedule is cumulative, up to a total maximum FAR of 3: I for parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than 27,000 square feet. Also see Section 26.71O.190.E. Unless otherwise stated below, a development's non-unit space shall not count towards the FAR cap of an individual use category; however, the maximum FAR cap for the parcel shall not be exceeded. \. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses; childcare center: .25:1, which may be increased to .5:1 by Special Review, pursuant to Section 26.430. 2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit space): 2:1, which may be increased to 2.5: I by Special Review, pursuant to Section 26.430. Page 4 of7 3. Commercial Parking Facility: 1: 1. 4. Affordable Multi-Family Housing: .25:1, which may be increased by Special Review, pursuant to Section 26.430. 5. Free-Market Residential or Large Lodge/Timeshare Units: An amount less than or equal to 25% of the FAR of the total project including both unit and non-unit space, but not including FAR devoted to parking. For example: If the total project represents 10,000 square feet of Floor Area, then 2,500 square feet may be free-market residential space or space devoted to lodge/timeshare units which are not to be limited by the average unit- size limitation. This percentage may be otherwise established for a project through a Planned Unit Development review. Also see Section 26.71O.190.F. All non-unit space attributable to Free-Market Residential or Large Lodge/Timeshare Units shall count towards the individual FAR allowance for Free-Market Residential or Large Lodge/Timeshare units. Section 8: Section 26.710.190 of the Municipal Code, which section sets forth regulations for the development of land within the Lodge (L) zone district, is hereby amended to by amending subsection (D)(IO)(B) to read as follows: B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less than one lodge unit per 500 square feet of Lot Area or an average lodge unit size greater than of 500 square feet. This FAR schedule is cumulative, up to a total maximum FAR of 1.5: I for parcels of 27,000 square feet or less in size and 1:1 for parcels greater than 27,000 square feet. Unless otherwise stated below, a development's non-unit space shall not count towards the FAR cap of an individual use category; however, the maximum FAR cap for the parcel shall not be exceeded. . I. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses; childcare center: .25:1, which may be increased to .5:1 by Special Review, pursuant to Section 26.430. 2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit space): I: I. 3. Commercial Parking Facility: 1:1. 4. Affordable Multi-Family Housing: .25:1, which may be increased by Special Review, pursuant to Section 26.430. 5. Free-Market Multi-Family Housing: .25:1, which may be increased to .5:1 by Special Review, pursuant to Section 26.430. All non-unit space attributable to Free-Market Multi-Family Housing shall count towards the individual FAR allowance for Free- Market Multi-Family Housing. Section 9: Section 26.710.200 of the Municipal Code, which section sets forth regulations for the development of land within the Commercial Lodge (CL) zone district, is hereby amended to by amending subsection (D)(IO) to read as follows: Page 5 of? 10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 3:1. Unless otherwise stated below, non-unit space associated with individual uses shall be attributable to the individual FAR allowance. Unless otherwise stated below, a development's non-unit space shall not count towards the FAR cap of an individual use category; however, the maximum FAR cap for the parcel shall not be exceeded. a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses; childcare center; commercial parking facility: I: I. b) Lodging units, timeshare lodging units, and exempt timesharing units (unit space): 2:1, which may be increased to 2.5: I by Special Review, pursuant to Section 26.430. c) Affordable Multi-Family Housing: .25:1, which may be increased by Special Review, pursuant to Section 26.430.d d) Free-Market Multi-Family Housing: .5:1._All non-unit space attributable to Free-Market Multi-Family Housing shall count towards the individual FAR allowance for Free- Market Multi-Family Housing. Section 10: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 11: 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 12: A public hearing on this ordinance shall be held on the 9th day of January, 2006, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on the 12th day of December, 2005. Attest: FINALLY, adopted, passed and approved this 10th day of April, 2006. Page 6 of? Attest: Approved as to form: ~~41'7&ifAAJ . ttorney ~__J'<- He en an ern, ayo; Page 7 of?