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HomeMy WebLinkAboutcoa.lu.ca.Commercial Lodge.A86-96A86-96 Commercial Lodge (CL)Code Amendment 5:�-unntn� �Vvz) I t CAS"" —AD SUMMARY SHEET - CITY O SPEN DATE RECEIVED: i 1 n/96 DATE COMPLETE: PARCEL ID # PROJECT NAME: Project Address: APPLICANT: Address/Phone: REPRESENTATIVE: Address/Phone: CASE # A86-96 STAFF: Suzanne Wolfl Commercial Lodge (CL) Code Amendment RESPONSIBLE PARTY: Applicant Other Name/Address: FEES DUE FEES RECEIVED PLANNING $0 PLANNING $ # APPS RECEIVED ENGINEER $0 ENGINEER $ # PLATS RECEIVED HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $0 CLERK $ TYPE OF APPLICATION TOTAL $0 TOTAL RCVD $ Staff Approval RFFF.RR AT _ . ❑ City Attorney ❑ City Engineer ❑ Zoning ❑ Housing ❑ Environmental Health ❑ Parks ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE REFERRED: INITIALS: DATE DUE: APPROVAL: Ordinance/Resolution # Date: Staff Approval Date: Plat Recorded: Book CLOSED/FILED DATE: INITIALS: ROUTE TO: 1 (l 3 l /'7 Page MEMORANDUM TO: Aspen City Council THRU: Amy Margerum, City Manager Stan Clauson, Community Development Director FROM: Suzanne Wolff, Planner RE: Commercial Lodge Text Amendment, Second Reading and Public Hearing of Ordinance No. 46, Series of 1996 DATE: January 13, 1997 SUMMARY: The applicants request approval to amend the definition of "lodge" to include properties which are zoned Commercial Lodge(CL), as well as properties zoned Lodge Preservation (LP). The application is attached as Exhibit A. APPLICANTS: Simon and Nora Kelly, Buckhorn Lodge, represented by Alan Richman BACKGROUND: Ordinance No. 29, Series of 1996, adopted amendments to the Land Use Code to create a "level playing field" for owners of lodges in the Lodge Preservation zone district by giving them the ability to convert to other uses or to expand the lodge use. A new definition of "lodge" specific to properties within the new Lodge Preservation Overlay zone district was adopted as part of these amendments. The applicants requested during the review of the small lodge amendments that the "lodge" definition apply to all lodges to allow for the inclusion of kitchens and short/long term rentals. At the time, staff was not in favor of allowing the definition to apply to properties which were not zoned LP since those properties were not encumbered by the same restrictions as those in the LP zone district. The applicants' property, the Buckhorn Lodge, is zoned Commercial Lodge (CL), which allows commercial uses at street level and lodge accommodations on all other stories, but the lodge use is currently restricted to units without kitchens. The North of Nell and the Aspen Square are the only other properties that are zoned CL. Council directed staff to investigate the concept of vertical zoning, which would allow different zone districts on different levels of a structure, and which could give the Kellys more flexibility in the use of their property. After further consideration, staff determined that another alternative, to revise the new "lodge" definition to include buildings zoned CL, would be a more appropriate way to address the Kellys' concerns. The Planning Commission recommended approval of the text amendment on December 10 by a vote of 6-0. First Reading of Ordinance No. 46 was approved by Council on December 16, 1996. REQUEST: The applicant proposes to amend the definition of "lodge" in the Land Use Regulations (Section 26.04.100). STAFF COMMENTS: The language proposed to be added to the definition of "lodge" is shown below in bold. Staff also proposes a minor amendment to the previously approved language. Lodge means a building within the previeus4, ze Lodge Preservation Overlay zone district or a building presently zoned Commercial Lodge (CL) containing three (3) or more individual rooms for the purpose of providing lodging facilities on a short or long-term basis, for compensation, with or without meals, and which has common facilities for reservation and cleaning services, and on -site management and reception. A lodge may include kitchens within individual rental units. " Pursuant to Section 26.92.020, in reviewing an amendment to the text of the land use regulations, the City Council and Commission shall consider the following standards. Whether the proposed amendment is in conflict with any applicable portions of this title. Response: To staff s knowledge, the proposed amendment does not conflict with the Land Use Regulations. 2. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan (AACP). Response: A policy stated in the AACP is to "Provide incentives to keep small lodge owners in operation." This amendment would allow owners of properties in the CL zone district, such as the Kellys, to maintain their lodge units and to improve them to be more marketable. 3. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The uses within the CL zone district will remain the same and will not create additional impacts on neighboring properties. The only properties zoned Commercial Lodge are the Buckhorn Lodge, the North of Nell and the Aspen Square. The units in the North of Nell and the Aspen Square all contain kitchens, although the definition of "lodge/hotel" which applies to these properties prohibits kitchens within individual units. The proposed amendment will bring the North of Nell and Aspen Square into compliance under the new "lodge" definition, and will allow the Buckhorn to remodel the existing lodge units to include kitchens. 4. The effect of the proposed amendment on traffic generation and road safety. S. 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, water supply, parks, drainage, schools, and emergency medical facilities. 6. Whether and the extent to which the proposed amendment would result in significantly adverse impacts in the natural environment. Response: The amendment would allow owners of properties in the CL zone district to add kitchens to the lodge units. Any increase in lodge units would require GMQS allocations, at which time any increased impacts on traffic, public facilities and the natural environment could be analyzed. CL properties would not be eligible to compete in the small lodge lottery or to apply for the GMQS exemption that was established for LP properties. With regard to the Buckhorn Lodge, the owners propose to decrease the number of lodge units in order to add kitchens and rent the units long term, therefore, the impacts would actually decrease as a result of the proposed amendment. 7. Whether the proposed amendment is consistent with and compatible with the community character in the City of Aspen. Response: The amendment is compatible with the community character in that it maintains lodge uses while giving the owners more flexibility. 8. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: This amendment is in response to the recently adopted LP text amendments, and offers CL properties more options as an incentive to maintain lodge use. 9. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the intent of the City of Aspen Land Use Code. Response: The proposed amendments would not be in conflict with the public interest or the intent of the Code. RECOMMENDATION: Staff and the Planning Commission recommend approval of the proposed amendment to the "lodge" definition. RECOMMENDED MOTION: "I move to approve on second reading the proposed amendment to the definition of "lodge" to include properties presently zoned Commercial Lodge." Exhibits: "A" - Application Packet i FX tt� 6 i r Ar ,4&* R&4094 a ;V&Waurq� Sewa" Vex 3613 44A&4 e4&%4dd 91612 P"w19" (i?O) November 5, 1996 - Mr. Stan Clauson Aspen Community Development Director Aspen/Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: CODE AMENDMENT ADDRESSING KITCHENS IN LODGES ZONED CL Dear Stan, At the time of City Council's second reading of Ordinance 29, Series of 1996, I submitted a letter on behalf of Simon and Nora Kelly. In that August 19, 1996 letter, a copy of which is attached hereto, the Kelly's identified four alternative ways that Ordinance 29 could apply to their property. The City Council considered the Kelly's alternatives during the public hearing held on August 26, 1996. Staff indicated they would prefer alternative #2, that would establish vertical zoning for this property Council members concurred with staff and determined they would sponsor the necessary Code Amendment. (see attached excerpt from the meeting's minutes). Subsequent to that decision, I have held several meetings with staff members to see whether we could formulate the appropriate Code Amendment. The outcome of those meetings is that staff has concluded that vertical zoning is not the appropriate direction for the City to follow at this time. Instead, staff has concluded that another of the alternatives we presented is preferred. Alternative #3 would revise the definition of lodge contained in Ordinance 29, to include not only "buildings previously zoned Lodge Preservation", but also "buildings presently zoned Commercial Lodge". In our letter of August 19, we made the following statement regarding this alternative: "The only other tourist accommodations we know of in the CL zone district are the North of Nell and Aspen Square. Having spoken with representatives of both facilities, we find that every unit in these facilities contains kitchens. Therefore, making this change will not create any hardships for other facilities; it will, in fact, eliminate an existing nonconformity they now experience." Mr. Stan Clauson November 5, 1996 Page Two You have asked that I submit this letter to the City to formally apply for a Code Amendment to implement this alternative. We hereby request that the City amend Section 26.04.100 of the Aspen Municipal Code, definition of lodge, to read as follows (new language is in italics): "Lodge means a building previously zoned Lodge Preservation (LP) or a building presently zoned Commercial Lodge (CL) containing three (3) or more individual rooms for the purpose of providing lodging facilities on a short or long-term basis, for compensation, with or without meals, and which has common facilities for reservation and cleaning services, and on -site management and reception. A lodge may include kitchens within individual rental units". As we have previously discussed, if this amendment is approved, it is the Kelly's intention to remodel the 9 lodge rooms on the second floor into a lesser number of units with kitchen facilities. These units would be rented as lodging facilities on a short or long-term basis. We would greatly appreciate your expeditious handling of this Code Amendment. Based on the sponsorship we received from City Council, it is our understanding that an application fee will not be required and that this application can be accepted outside of the semi-annual submission date typically established for such applications. Please let me know if there is anything else you require to process this request. Very truly yours, ALAN RICHMAN PLANNING SERVICES AIAV,.. J2.-4-j Alan Richman, AICP V" (a&utdt 91612 August 19, 1996 Mr. Dave Michaelson, Deputy Director Community Development Department City of Aspen 130 South Galena Street Aspen, Colorado 81.611 RE: BUCKIIORN LODGE'PROPERTY Dear Dave, P4.ye/�7ax (970) 920-1125 For the past few years, I have been working with Simon .and Nora Kelly, the owners of the Buckhorn Lodge property. The property is located at the corner of Cooper and Original. The property contains 6,927 square feet and is currently zoned Commercial Lodge (CL). The owners have been directed by the City Council to work with you on alternative ways by which the terms of pending Ordinance 29, Series of 1996 could apply to their property. This letter provides you with four such options to consider as you finalize the Ordinance. Before we describe the alternatives, we think it is particularly important for you to recognize that the Buckhorn Lodge was a property that the City had originally identified as appropriate for the class action rezoning to L-3 (now known as LP) that occurred in 1983. The Buckhorn Lodge voluntarily withdrew from that rezoning, as was permitted of all of the lodges involved in that action. The owners withdrew the property because of the unique uses present on the property - a combination of commercial core type commercial uses on the ground floor and 9 lodge units on the top floor. The LP rezoning would have made the lodge units conforming, but would have made the commercial uses nonconforming, which was not the intention of the City's rezoning. Therefore, the owners submitted a privately initiated rezoning application and, pursuant to Ordinance 27, Series of 1983, the property was rezoned to CL, subject to the property's FAR being limited to 1:1, rather than the 2:1 otherwise allowed in the CL zone district. Had the City proposed in 1983 the kind of mixed zoning approach being proposed in 1996, the owners would have likely remained part of the L-3 rezoning action. The fact that the owners had to follow another path to achieve the conformity that was given back to the other lodges by the City should not now be used to prevent the owners from receiving the same consideration the other lodges are now receiving via Ordinance 29. Mr. Dave Michaelson August 19, 1996 Page Two Alternatives We have identified four alternatives that would address the current needs of the Buckhorn Lodge. Alternatives 1 and 2 would permit the owners to convert the lodge units to small offices, which we feel would meet an important community need for affordable office space. The Aspen Area Community Plan -suggests that incentives should be provided for local serving commercial and office uses and states that "Finding ways to provide affordable office space in the core of the community is essential to the Aspen area quality of life" (page 40). Alternatives 3 and 4 would allow the lodge units to be converted into three small units with kitchens, which would be rented long term, also serving a valid community purpose. The four alternatives can be described as follows: 1. Allow the Buckhorn Lodge to revert to its original underlying zoning, which is C-1, and place an LP overlay on that designation. • We have a copy of a City zoning map from the 1960's that shows the property was zoned Commercial. At some time during the 1970's it was down -zoned to Office, and remained that way until 1983, when it was zoned CL. The owners would be willing to place a condition on this rezoning to prohibit certain C-1 uses from the property. By way of example, uses such as antique store, art gallery, jewelry store, furniture store, theatre, recreation club, broadcast station, day care center, detached residences and multi -family dwellings would be prohibited. 2. Establish "vertical zoning" for this property, with CL zoning remaining in effect for the first floor and Office zoning applied to the second floor and basement. • A recommendation on page 41 of the AACP states "Study locations for vertical zoning (allows different uses on different levels of the structure". This location is an ideal one for pedestrian -oriented uses on the street level, as presently exist, and quieter, local serving office uses on the second floor. 3. Revise proposed definition of lodge to include not only "buildings previously zoned lodge preservation", but also "buildings presently zoned Commercial Lodge". • The only other tourist accommodations we know of in the CL zone district are the North of Nell and Aspen Square. Having spoken with representatives of both facilities, we find that every unit in these facilities contains kitchens. Therefore, making this change will not create any hardships for other facilities; it will, in fact, eliminate an existing nonconformity they now experience. Mr. Dave Michaelson August 19, 1996 Page Three 4. Retain the CL zoning on the property and place an LP overlay on that designation. This alternative would have the same effect as alternative 3 - it would allow the owners to retain the commercial uses on the first floor and to remodel the lodge units on the second floor to add kitchens (while reducing the number of units). It avoids having to change the definition of lodge, if that alternative has undesirable consequences for the City. The owners would prefer that the City select either option 1 or option 2, since these options would permit the applicant to develop office uses on the second floor, which is our desire. We recognize that we would still need to submit a change of use application for that conversion and meet all of the applicable standards of that GMQS exemption. We look forward to reviewing these alternatives with you and to obtaining the staff's support for one or several of the alternatives when the second reading of the Ordinance takes place. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP Aspen City Council Regular Meeting z%ugust 26, 1996 properties. Michaelson said the Hotel Aspen and Molly Gibson have both office and R-G zones and the uses will be refined when the lodges are rezoned. Michaelson presented a chart that shows the development potential under underlying zoning for each property for conceptual build out numbers. Michaelson said each owner will have to go through a specific analysis for their property. Michaelson said one issue is mitigating conversion, the concept of growth versus change. Michaelson said staff tried to find a method to allow conversion and not put additional burdens on the community. Michaelson said the conversion factor used is that 2.5 tourist accommodation units equals the impacts of a three -bedroom single family home. Michaelson said it was important to the community and the lodge owners to have a mechanism where lodges could expand. Michaelson said with the 2.5 conversion rate, if certain lodges expanded using that number, there would be a residual left over unit count. Michaelson said staff suggests this residual serve as a pool for lodge expansion as opposed to additional free market lnonies. At the last meeting, Councilwoman Waggainan suggested having an immediate pool available for lodge expansion. Michaelson said these 11 units could be available for lodge expansion and in 1998. Staff would look at how many conversions took place between lodge units and free market and come up with a number, wluch if greater than 11 units in the pool would roll over to the next year. Michaelson said the first year, staff would have to be careful how many lodge units were allowed to change to free market. Michaelson said there is a letter from Alan Richman, representing Si Kelly and the Buckhorn Lodge, on the issue of small lodges that are outside LP, proposing 4 different methods of integrating these types of lodges into this code amendment. Michaelson saiu staff feels by hG Whig commercia! lodge (CL) zoning, tl.e Buckhorn has uses that other LP lodges do not. Michaelson said one idea staff would like to investigate is the concept of vertical zoning. Michaelson told Council the AACP directed staff to look at vcriica, GV.i,�►b, VY:11%.i1 would allow different zonz distril� for different levels of a particular structure. Michaelson said a question of Council was how was this process work, how would the mitigation be dealt with. Michaelson said there will be a lottery for lodges there will be a free market lottery, a lottery for conversion to non-residential uses only for lodges zoned office, and a lottery for lodge expansion using (lie residual pool. Michaelson said Council feels there should be a pool available for lodges as soon as possible. 4 Aspen City Council Regular Meeting ,>2 1 August 26, 1996 balance what is there now versus what is going to be there as well as not dropping below the 60 percent mitigation requirement of GMQS. Councilwoman Richards asked what happens if a project applies and loses 3 years in a row because the lottery is random and there are not enough units available. Councilwoman Richards asked if this project should be weighted for the next year. Kaufman said in the GMQS lottery, an applicant has to expend money to be able to compete. In this lottery, one just need apply. Michaelson said staff feels that not every single lodge will compete in this lottery. Mayor Bennett said this is an issue that Council may want to look at again in 1 or 2 years. Councilwoman Waggaman suggested if a lodge applied 2 years and was not successful, they might get 2 entry tries for the third year. ' Mayor Bennett opened the public hearing. Joe Wells , representing a small lodge owner, told Council they would like to not wait until spring 1997 to be in a lottery for an expansion. Wells said people may apply for both lotteries and perhaps lodge owners should have to pick the one under which to proceed. Wells said the internal FAR issue is the percentage of the total square footage of the lot devoted to a particular use, not 1:1 FAR which is building square footage related to lot square footage. Wells suggested internal FAR may be better stated as a percentage because it is a percentage devoted to the use. Michaelson said staff feels comfortable with the language. Michaelson said as a way of encouraging affordable housing as a trade off for increasing FAR, this is sound. Councilwoman Richards suggested this issue be part of the land use code clarification or simplification. Wells said the date of the lottery and an immediate pool of units are the important issues. Alan Richman reminded Council lie had submitted a letter about the Buckhorn Lodge being included in this or addressed somehow equitably. Richman 5,11c1 the Buckhorn is similar to the LP lodges being discussed. The Buckhorn was a lion - conforming lodge when the small lodges were addressed in the 1970's. Richman said the mix of uses on the property would have just exchanged non -conformities. Richman said CL zoning can be just as constraining on a property as LP zoning. The CL zone requires commercial on the first floor and lodge units on the second floor. Richman said in the list of alternatives, 2 would allow these 9 lodge units at the Buckhorn to become office. Other alternatives would allow the lodge units become long term rental. Richman said the Kelly are reluctant to spend a lot of 7 Aspen City Council Regular Meeting August 261,_1996 money without knowing if Council supports vertical zoning. Richman said the Kellys do not want to become the private application for vertical zoning. Mayor Bennett said lie would support vertical zoning. It seems like a logical solution to the Buckliorn problem. Councilmembers Richards and Marolt agreed. Councilman Marolt said lie would like to see it be part of this ordinance Michaelson said the only research ever done on vertical zoning is what appears ill the AACP. Staff would like a chance to discuss this with other communities and also take it to P & Z. Michaelson said vertical zoning has been successful in other communities. Richman offered to collaborate on the research. Richman asked if Council sponsoring the vertical zoning would take them off the code deadlines for zone amendments. Worcester said yes they would be off'tliat deadline because Council is sponsoring the code amendment. Diane Moore, ACRA, said this ordinance goes toward creating a level playing field. Ms. Moore recommended the 35 percent of the total pillows in the LP &,ll,- '11'strict be used as a starting point for this ordinance. Ms. Moore said the impact on the reduction of the bed base is minuscule. Jasmine dePagter said not all of the lodges owners will apply for conversion or expansion immediately. Mayor Bennett closed the public hearing. Kaufman said if there is a 14 wilt lottery in November 1996, in 1997 there could be two 7 unit lotteries. This is to get relief for the past buildup of units. Michaelson said that is all right as long as this is not increased beyond 14 per year. Kn>>frnari said all 3 types of lotteries should be held in 1996. Michaelson said as long as this integrates the concept of lodge pool it will work. Council supports the iurrnediatc creation of a lodge pool. Stan Clauson, cornmup_;ty AP,. !-nment director, noted that a fundamental premises is that the location of a lodge determines the zoning available. The lodge may exist on a property that when converted may only accortimodate one or two single family houses. The zoning is not being changed to accommodate these parcels of land. Some lodges are in the multi -family zone and would do well as multi -family structures. Clauson said some lodges may demolish; some may renovate within their structures. Clauson said the flexibility exists to do different things with the property but one must do what is allowed by zoning. Clauson said he feels these regulations respect the zone districts and also provide for flexibility within that limitation. Clauson said they feel like they have achieved a balance for the city and 8 MEMORANDUM TO: Aspen City Council THRU: Amy Margerum, City Manager < / Stan Clauson, Community Development Director FROM: Suzanne Wolff, Planner RE: Commercial Lodge Text Amendment, First Reading DATE: December 16, 1996 V1 SUMMARY: The applicants request approval to amend the definition of "lodge" to include properties which are zoned Commercial Lodge(CL), as well as properties zoned Lodge Preservation (LP). The application is attached as Exhibit A. APPLICANTS: Simon and Nora Kelly, Buckhorn Lodge, represented by Alan Richman BACKGROUND: Ordinance No. 29, Series of 1996, adopted amendments to the Land Use Code to create a "level playing field" for owners of lodges in the Lodge Preservation zone district by giving them the ability to convert to other uses or to expand the lodge use. A new definition of "lodge" specific to properties within the new Lodge Preservation Overlay zone district was adopted as part of these amendments. The applicants requested during the review of the small lodge amendments that the "lodge" definition apply to all lodges to allow for the inclusion of kitchens and short/long term rentals. Staff was not in favor of allowing the definition to apply to properties which were not zoned LP since those properties were not encumbered by the same restrictions as those in the LP zone district. The applicants' property, the Buckhorn Lodge, is zoned Commercial Lodge (CL), which allows commercial uses at street level and lodge accommodations on all other stories, but the lodge use is currently restricted to units without kitchens. The North of Nell and the Aspen Square are the only other properties that are zoned CL. Council directed staff to investigate the concept of vertical zoning, which would allow different zone districts on different levels of a structure, and which could give the Kellys more flexibility in the use of their property. After further consideration, staff determined that another alternative, to revise the new "lodge" definition to include buildings zoned CL, would be a more appropriate way to address the Kellys' concerns. The Planning Commission recommended approval of the text amendment on December 10 by a vote of 6-0. REQUEST: The applicant proposes to amend the definition of "lodge" in the Land Use Regulations (Section 26.04.100). STAFF COMMENTS: The language proposed to be added to the definition of "lodge" is shown below in bold. Staff also proposes a minor amendment to the previously approved language. Lodge means a building within the preyieuslyze ted Lodge Preservation Overlay zone district or a building presently zoned Commercial Lodge (CL) containing three (3) or more individual rooms for the purpose of providing lodging facilities on a short or long-term basis, for compensation, with or without meals, and which has common facilities for reservation and cleaning services, and on -site management and reception. A lodge may include kitchens within individual rental units. " Pursuant to Section 26.92.020, in reviewing an amendment to the text of the land use regulations, the City Council and Commission shall consider the following standards. 1. Whether the proposed amendment is in conflict with any applicable portions of this title. Response: To staff s knowledge, the proposed amendment does not conflict with the Land Use Regulations. 2. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan (AACP). Response: A policy stated in the AACP is to "Provide incentives to keep small lodge owners in operation." This amendment would allow owners of properties in the CL zone district, such as the Kellys, to maintain their lodge units and to improve them to be more marketable. 3. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The uses within the CL zone district will remain the same and will not create additional impacts on neighboring properties. The only properties zoned Commercial Lodge are the Buckhorn Lodge, the North of Nell and the Aspen Square. The units in the North of Nell and the Aspen Square all contain kitchens, although the definition of "lodge/hotel" which applies to these properties prohibits kitchens within individual units. The proposed amendment will bring the North of Nell and Aspen Square into compliance under the new "lodge" definition, and will allow the Buckhorn to remodel the existing lodge units to include kitchens. 4. The effect of the proposed amendment on traffic generation and road safety. S. 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, water supply, parks, drainage, schools, and emergency medical facilities. 6. Whether and the extent to which the proposed amendment would result in significantly adverse impacts in the natural environment. Response: The amendment would allow owners of properties in the CL zone district to add kitchens to the lodge units. Any increase in lodge units would require GMQS allocations, at which time any increased impacts on traffic, public facilities and the natural environment could be analyzed. CL properties would not be eligible to compete in the small lodge lottery or to apply for the GMQS exemption that was established for LP properties. With regard to the Buckhorn Lodge, the owners propose to decrease the number of lodge units in order to add kitchens and rent the units long term, therefore, the impacts would actually decrease as a result of the proposed amendment. 7. Whether the proposed amendment is consistent with and compatible with the community character in the City of Aspen. Response: The amendment is compatible with the community character in that it maintains lodge uses while giving the owners more flexibility. 8. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: This amendment is in response to the recently adopted LP text amendments, and offers CL properties more options as an incentive to maintain lodge use. 9. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the intent of the City of Aspen Land Use Code. Response: The proposed amendments would not be in conflict with the public interest or the intent of the Code. RECOMMENDATION: Staff and the Planning Commission recommend approval of the proposed amendment to the "lodge" definition. RECOMMENDED MOTION: "I move to approve first reading of the proposed amendment to the definition of "lodge" to include properties presently zoned Commercial Lodge." Exhibits: "A" - Application Packet 19 01 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Mary Lackner, Acting Deputy Director //�) FROM: Suzanne Wolff, Planner RE: Commercial Lodge Text Amendment - Public Hearing DATE: December 10, 1996 SUMMARY: The applicants request approval to amend the definition of "lodge" to include properties which are zoned Commercial Lodge(CL), as well as properties zoned Lodge Preservation (LP). The application is attached as Exhibit A. APPLICANTS: Simon and Nora Kelly, Buckhorn Lodge, represented by Alan Richman BACKGROUND: Ordinance No. 29, Series of 1996, adopted amendments to the Land Use Code to create a "level playing field" for owners of lodges in the Lodge Preservation zone district by giving them the ability to convert to other uses or to expand the lodge use. A new definition of "lodge" specific to properties within the new Lodge Preservation Overlay zone district was adopted as part of these amendments. The applicants requested during the review of the small lodge amendments that the "lodge" definition apply to all lodges to allow for the inclusion of kitchens and short/long term rentals. Staff was not in favor of allowing the definition to apply to properties which were not zoned LP since those properties were not encumbered by the same restrictions as those in the LP zone district. The applicants' property, the Buckhom Lodge, is zoned Commercial Lodge (CL), which allows commercial uses at street level and lodge accommodations on all other stories, but the lodge use is currently restricted to units without kitchens. Council directed staff to investigate the concept of vertical zoning, which would allow different zone districts on different levels of a structure, and which could give the Kellys more flexibility in the use of their property. After further consideration, staff determined that another alternative, to revise the new "lodge" definition to include buildings zoned CL, would be a more appropriate way to address the Kellys' concerns. REQUEST: The applicant proposes to amend the definition of "lodge" in the Land Use Regulations (Section 26.04.100). STAFF COMMENTS: The language proposed to be added to the definition of "lodge" is shown below in bold. Staff also proposes a minor amendment to the previously approved language. Lodge means a building within the previeusly zeLodge Preservation Overlay zone district or a building presently zoned Commercial Lodge (CL) containing three (3) or more individual rooms for the purpose of providing lodging facilities on a short or long-term basis, for compensation, with or without meals, and which has common facilities for reservation and cleaning services, and on -site management and reception. A lodge may include kitchens within individual rental units. " Pursuant to Section 26.92.020, in reviewing an amendment to the text of the land use regulations, the City Council and Commission shall consider the following standards. Whether the proposed amendment is in conflict with any applicable portions of this title. Response: To staff s knowledge, the proposed amendment does not conflict with the Land Use Regulations. 2. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan (AACP). Response: A policy stated in the AACP is to "Provide incentives to keep small lodge owners in operation." This amendment would allow owners of properties in the CL zone district, such as the Kellys, to maintain their lodge units and to improve them to be more marketable. 3. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The uses within the CL zone district will remain the same and will not create additional impacts on neighboring properties. The only properties zoned Commercial Lodge are the Buckhorn Lodge, the North of Nell and the Aspen Square. The units in the North of Nell and the Aspen Square all contain kitchens, although the definition of "lodge/hotel" which applies to these properties prohibits kitchens within individual units. The proposed amendment will bring the North of Nell and Aspen Square into compliance under the new "lodge" definition, and will allow the Buckhorn to remodel the existing lodge units to include kitchens. 4. The effect of the proposed amendment on traffic generation and road safety. S. 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, water supply, parks, drainage, schools, and emergency medical facilities. 6. Whether and the extent to which the proposed amendment would result in significantly adverse impacts in the natural environment. Response: The amendment would allow owners of properties in the CL zone district to add kitchens to the lodge units. Any increase in lodge units would require GMQS allocations, at which time any increased impacts on traffic, public facilities and the natural environment could be analyzed. CL properties would not be eligible to compete in the small lodge lottery or to apply for the GMQS exemption that was established for LP properties. With regard to the Buckhorn Lodge, the owners propose to decrease the number of lodge units in order to add kitchens and rent the units long term, therefore, the impacts would actually decrease as a result of the proposed amendment. Whether the proposed amendment is consistent with and compatible with the community character in the City of Aspen. Response: The amendment is compatible with the community character in that it maintains lodge uses while giving the owners more flexibility. 8. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: This amendment is in response to the recently adopted LP text amendments, and offers CL properties more options as an incentive to maintain lodge use. 9. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the intent of the City of Aspen Land Use Code. Response: The proposed amendments would not be in conflict with the public interest or the intent of the Code. STAFF RECOMMENDATION: Staff recommends approval of the proposed text amendment to amend the "lodge" definition. RECOMMENDED MOTION: "I move to recommend approval of the proposed text amendment to amend the definition of "lodge" to include properties presently zoned Commercial Lodge." Exhibits: "A" - Application Packet PUBLIC NOTICE RE: COMMERCIAL LODGE (CL) TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 13, 1997 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider amending Section 26.04.100 of the City of Aspen Land Use Code, definition of lodge to include buildings presently zoned Commercial Lodge (CL). For further information, contact Suzanne Wolff at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5093. s/John Bennett, Mayor Aspen City Council Published in the Aspen Times on December 28, 1996 City of Aspen Account I 30-E The Aspen limes • Saturday -Sunday, December 28-29, 1996 PUBLIC NOTICE RE. TATTOO PARLOUR TEMPORARY LUSH PERMIT NOTICE IS HEREBY GIVEN that a public hewing will be held on Monday, January 13, 1997 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena SL, Aspen, to consider an application submitted by Ben Wallenborn and Paul Lambdin, requesting approval for a temporary use of the premises for a tattoo parlour. The property Is located at 465 N. Mill, No. 9, and is described as a tract of land situated in the NWI/4 of the SWl/4 of Section T. Township 10. Range 84 l . West of the 6th P.M. For further information, t\ contact Stan- Clauson at the Aspen/Pitkin Community Development Department, 130 S. I Galena St., Aspen, CO (970) 920.5099. s/John Bennett, Mayor Aspen City Council Published in The Aspen Times on Dec. 28, 1996. VJ [In PUBLIC NOTICE RE: COMMERCIAL LODGE (CL) TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 13. 1997 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider amending Section 26.04.100 of the City of Aspen Land Use Code, definition of lodge to Include buildings presently zoned Commercial Lodge (CL). For further information. contact Suzanne Wolff at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5093. s/John Bennett, Mayor Aspen City Council Published in The Aspen Times Dec. 28, 1996. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE: That the Board of County Commissioners of Pitkin County, Colorado, will consider the following Ordinance at the Board's regular meeting on Wednesday, January 8. 1997 at 5:00 P.M.. Pitkin County Courthouse, District Courtroom, 506 East Main Street, Aspen, at which time and place all members of the public may appear and be heard: ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ADOPTING HISTORIC PRESER- VATION GUIDELINES FOR REDSTONE AND HISTORIC RESOURCES OF THE CRYSTAL RIVER VALLEY Ordinance No. 96 - RECITALS 1. Whereas, the Board of County Commissioners of Pitkin County (hereinafter "Board') has established the Redstone Historic Preservation Commission whose duties include drafting guidelines for alterations to existing structures and design of new construction in the historically designated Redstone area, and; 2. Whereas, said Commission has drafted guidelines for Board's review and approval, and; 3. Whereas, the Planning and Zoning Commission considered this matter at a public hearing on September 3, 1996, and recommended approval of the Guidelines to the Board,and; 4. Whereas, the Board has determined that it Is in the best interest of the citizens of Pitkin County to adopt these Guidelines; NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it does hereby approve and adopt the Historic Preservation Guidelines for Redstone and Historic Resources of the Crystal River Valley. Copies of the proposed Ordinance are available for public inspection during regular business hours in the Office of the Clerk and Recorder, 530 East Main Street Aspen, Colorado 81611. Phone (970) 920-5180. Jeanette Jones, Deputy County Clerk Published in The Aspen Times Dec. 28, 1996. PUBLIC NOTICE PLEASE TAKE NOTICE: That the Board of County Commissioners of Pitkin County, Colorado, at Its regular meeting on December 18, 1996, and after a duly -noticed public hearing, adopted the following Ordinance: ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, OFFICIALLY RECOGNIZING THE GEOGRAPHIC INFORMATION SYSTEM (GIS) available for public inspection from 8:30 am to 4:30 pm in the Office of the Assistant- County Manager, 530 East-Main.Street, Suite 301, Aspen, Colorado 81611. Phone (970) 9205200 Jeanette Jones, Deputy County Clerk Published in The Aspen Times Dec, 28. 1996. ORDINANCE NO. 44 (Series of 1996) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUE OF $96,497; APPROPRIATING GENERAL FUND EXPENDITURES OF $265,524: REDUCING TRANSFERS OF $14,800 FROM THE GENERAL FUND TO THE TRANSPORTATION/ PARKING FUND; APPROPRIATING PARKS & OPEN SPACE FUND EXPENDITURES OF $799,111; APPROPRIATING WHEELER FUND EXPENDITURES OF $23,327; APPROPRIATING PARKING IMPROVEMENT FUND EXPENDITURES OF $23,000; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF S3,178.400; APPROPRIATING CEMETERY LANE IMPROVEMENT DISTRICT EXPENDITURES OF $30,000; APPROPRIATING WATER FUND EXPENSES OF $62,569; APPROPRIATING ELECTRIC FUND EXPENSES OF $132.743; APPROPRIATING TRANSPORTATION/PARKING FUND EXPENSES OF $28,465: RECOGNIZING CIS ENTERPRISE FUND REVENUE OF $28,047, APPROPRIATING GIS ENTERPRISE FUND EXPENSES OF $28,047; APPROPRIATING GOLF FUND EXPENSES OF $5,241; RECOGNIZING WATER PLACE HOUSING FUND REVENUE OF $489,937; APPROPRIATING WATER PLACE HOUSING FUND EXPENDITURES OF $489,937; Copies of this ordinance are available in the office of the City Clerk, City Hall, 130 South Galena, Aspen, during normal business hours. FINALLY adopted, passed and approved this 16th day of December, 1996. ATTEST: Kathryn S. Koch. City Clerk John S. Bennett, Mayor Published in The Aspen Times Dec. 28, 1996. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO WIT: SECTION 26.04.100, DEFINITION OF "LODGE"; ORDINANCE 46, SERIES OF 1996 WHEREAS, Section 26.92-020 of the Municipal Code provides that amendments to Chapter 26 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at public hearing, and then approved. approved with conditions, or disapproved by the City Council at public hearing; and WHEREAS, the new "lodge" definition created by Ordinance No. 19, Series of 1996, only applies to properties which were previously zoned Lodge Preservation; and WHEREAS. Simon and Nora Kelly, owners of the Buckhorn Lodge, have requested that the new "lodge" definition also apply to properties zoned Commercial Lodge (Buckhorn Lodge, Aspen Square, and North of Nell); and WHEREAS, the Planning and Zoning Commission reviewed tile proposed amendments at a public hearing on December 10, 1996; and WHEREAS, upon review and consideration of the text amendments- agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Division 92 (Text Amendments), the Planning and Zoning Commission has recommended approval of the text amendment by a vote of 6-0, pursuant to procedure as authorized by Section 26.92.030 of the Municipal Code; and WHEREAS, the Aspen City Council has reviewed and considered the text amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the text amendment offers Commercial Lodge properties more options as an incentive to maintain se, and is consistent with the relief granted to the Lodge Preservation properties by Ordinance No. 29, Series of 1996; and WHEREAS, the City Council finds that the text amendment meets or exceeds all applicable INTRODUCED. READ AND PUBLISH ED'as -provided by law Council of the City of Aspen on th December, 1996. John & Attest: Kathryn S. Koch, City Clerk Published in The Aspen Times D PUBLIC NOTICE PLEASE TAKE NOTICE: that t County Commissioners of PO Colorado will consider resolution Intergovernmental Agreements among Pitkin County, the Roaring Holding Authority, the Colorado I Transportation, GOCO, Pitkin , Space and Trails, Eagle Cour Transportation Authority, the L the Town of Snowmass Village, Basalt, the Town of Carbondale Glenwood Springs, and Eagle . Counties, establishing thi arrangements between the part, the purchase and public owne Aspen branch of the Denver an, Western Railroad Right of Way, a Regular Meeting on Wednesday 1997 at 3:30 pm, at the Commissio room in the Courthouse Plaza bi. Main St., Aspen, Colorado, at wi place all members of the publi, and be heard. Copies of th resolutions are available for pub during regular business hours in the Clerk and Recorder, 530 E. Me Colorado 81611. Phone #970 920.5' Jeanette Jones Published in The Aspen Times L PUBLIC NOTICE INVITATION TO BID, BID # 1997- Pitkin County is requestinq purchase of one (1) Roller Comi County will accept sealed bids a: the Director of Public Works. 76 r. Road, Aspen, Colorado 81611, un MDT on Monday, January 14, 1997 on the same date all bids will be ou at the Office of the Director of i Bids shall consist of: ONE COMPACTOR. Bids shall be subr forms supplied by Pitkin County, Bidders Instructions and Bid Spec. be obtained from Stan Hall, Pitkin Manager, (970) 920-5393 or Fax (97: Published in The Aspen Times i; PUBLIC NOTICE PLEASE TAKE NOTICE: That County Commissioners of Pit Colorado, will consider the iollowt at 3:30 p.m. (or as soon there conduct of business will allow) a. regular meeting of January 8. 1997 County Courthouse Plaza, 530 Eas. First Floor, Aspen, Colorado interested parties are invited to a heard: AN ORDINANCE OF THE BOARD COMMISSIONERS OF PITKIN COLORADO, AUTHORIZING THE . OF AN INTEREST IN A CON. EASEMENT OVER THE DENVER & RAILROAD RIGHT-OF-WAY WIT COUNTY FROM THE OPEN SPACE FUND ORDINANCE #96 - RECI 1. The voters of Pitkin County a. County Commissioners establist Space and Trails Fund for the j preserving and developing opet trails resources in Pitkin C, established an Open Space and Tr Trustees to guide the expendit funds;and 2. The Open Space and Trai Trustees (OSTB) has approved a in recommending to the Board Commissioners (BOCC) acquisiti percent (50%) Interest in the c� easement to be negotiated by the Railroad Holding Authority (RFRR Outdoors Colorado (GOCO), In t with the OSTB, as co -grantee undetermined second co-grante railroad corridor in Pitkin County approximately 152 acres and appr miles in length), subject to the conditions in the conservation ea PUBLIC NOTICE RE: CON UAERCIAL LODGE (CL) TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 10, 1996 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider amending Section 26.04.100 of the City of Aspen Land Use Code, definition of lodge to include buildings presently zoned Commercial Lodge (CL). For further information, contact Suzanne Wolff at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5093. s/,Sara Garton, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on November 23, 1996 City of Aspen Account PUBLIC NOTICE RE: COMMERCIAL LODGE (CL) TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 3, 1996 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider amending Section 26.04.100 of the City of Aspen Land Use Code, definition of lodge to include buildings presently zoned Commercial Lodge (CL). For further information, contact Suzanne Wolff at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5093. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on November 16, 1996 City of Aspen Account ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX (970) 920-5439 November 18, 1996 Alan Richman Box 3613 Aspen, CO 81612 RE: Commercial Lodge Text Amendment Case # A86-96 Dear Alan: The Community Development Department has completed its preliminary review of the captioned application. We have determined that this application is complete. I have scheduled this application for review by the Aspen Planning and Zoning Commission at a public hearing to be held on December 10, 1996, at a meeting to begin at 4:30 pm in the Sister Cities Meeting Room at City Hall. I have also tentatively scheduled first reading before City Council on December 16, 1996, and second reading and public hearing on January 13, 1997. Should these dates be inconvenient for you, please contact me within 7 working days of the date of this letter. After that the agenda dates will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting dates, we will call to inform you that a copy of the staff memo pertaining to the application is available at the Community Development Department. Text amendments only require'notification of the public hearing by publication in the newspaper, therefore, you will not be required to mail notice or to post the property. If you have any questions, please call me at 920-5093. Thank you. Sincerely, Suzanne Wolff Planner