HomeMy WebLinkAboutresolution.apz.011-07
Resolution No. 11
(Series of 2007)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT
AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE
CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL
CODE: 26.710.190 - LODGE (L) ZONE DISTRICT; 26.710.200 - COMMERCIAL
LODGE (CL) ZONE DISTRICT; 26.710.310 - LODGE OVERLAY (LO) ZONE
DISTRICT; AND, 26.710.320 - LODGE PRESERVATION OVERLAY (LP) ZONE
DISTRICT.
WHEREAS, the City Council of the City of Aspen directed the Planning Director of
the Community Development Department to propose amendments to the Land Use Code
related to lodging development, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to the following Chapters and
Sections of the Land Use Code, Title 26 ofthe Aspen Municipal Code:
26.710.190 - Lodge (L) Zone District
26.710.200 - Commercial Lodge (CL) zone district
26.710.310 -lodge overlay (LO) zone district
26.710.320 -lodge preservation overlay (LP) zone district; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of
the Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or denial by the Community Development Director and then by the Planning and
Zoning Commission at a public hearing. Final action shall be by City Council after reviewing
and considering these recommendations; and,
WHEREAS, the long-term economic sustainability of Aspen depends upon the
continued economic success and aesthetic attractiveness of lodging facilities in and near
downtown; and,
WHEREAS, in order to encourage a continued vitality and long-term sustainability
of the local economy certain development incentives are available for lodging development
with smaller average rooms sizes and commensurate higher potential occupancies; and,
WHEREAS, as an additional means of encouraging high occupancies, a maximum
residential unit size has been implemented; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows:
"Text being removed is red and strikethrough. Tellt Being removealooks like this.
"Text being added is red and underline. Text being added looks like this.
" Text which is not highlighted is not affected.
P&Z Resolution No. 11, Series of 2007.
April 11 th - Lodging Zones
Page 1
WHEREAS, the amendments proposed herein are consistent with the Aspen Area
Community Plan, which in part calls for:
. The focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city by intensification of land uses within the downtown.
. The retention of existing commercial and lodging uses.
. An increased vitality ofthe lodging bed base.
. The rejuvenation of aging lodging properties.
. The preservation of historic resources through the transfer of development rights.
. An emphasis on the quality of development as opposed to just the quantity of
development.
. A balance between the community and the resort aspects of Aspen.
. The long-term sustainability of the local social and economic conditions of Aspen.
; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on March 27,
2007, and April 9, 2007, took and considered public testimony and the recommendation of
the Community Development Director and recommended, by a four to zero (4-0) vote, City
Council adopt the proposed amendments to the land use code by amending the text of the
above note Chapters and Sections ofthe Land Use Code, as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Chapter 26.470 - Growth Management
Quota System, which section regulates development within the Lodge Zone District, as
follows:
26.710.190 Lodge (L).
A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction,
renovation, and operation of lodges, tourist-oriented multi-family buildings, high occupancy
timeshare facilities, and ancillary uses compatible with lodging to support and enhance Aspen's
resort economy. Free-Market residential units within this zone district shall be permitted, but
not required, to be used as short-term tourist accommodations. The City of Aspen encourages
high-occupancy lodging development in this zone district. Therefore, certain dimensional
incentives are provided in this zone district as well as other development incentives in Chapter
26.470 - Growth Management.
B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone
District:
P&Z Resolution No. 11, Series of2007.
April 11 th - Lodging Zones
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1. Hotel or Lodge.
2. Timeshare Lodge.
3. Exempt Timesharing.
4. Offices and activities accessory to timeshare unit sales (see Section 26.590).
5. Bed and Breakfast
~6.Conference facilities.
&7.Uses associated with outdoor recreation facilities and events.
+-,8.Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
&9.Storage accessory to a permitted use.
9,10. Affordable Multi-Family Housing accessory to a lodging or timeshare operation
and for employees of the operation.
-l411. Free-Market Multi-Family Housing.
+h12. Home occupations.
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge (L)
Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Retail and Restaurant Uses.
2. Neighborhood Commercial Uses.
3. Service Uses.
4. Arts, Cultural and Civic Uses.
5. Public Uses.
6. Academic Uses.
7. Child Care Center.
8. Commercial Parking Facility, pursuant to Section 26.515.
9. Affordable Multi-Family Housing not accessory to a lodging or timeshare
operation.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Lodge (L) Zone District:
I. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
a. Free-Market Multi-Family residentiat- 3,000 square feet. \Vaen tae
a6'ielej'llfleHt is r6siaelltial, taere is HO minimHm reqHiremellt fer an
affsrclaele a8HsiBg illlit.
b. Affordable Multi-Familv residential: No requirement.
L-lr.-Lodge, Timeshare Lodge, and Exempt Timesharing - no requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5.
P&Z Resolution No. 11, Series of2007.
April 11 th - Lodging Zones
Page 3
7. Minimum Utilitv/TrashlRecvcle area: Pursuant to Section 26.575.060.PIHs, a
trashllltilit,,' serviee area sHall Be re'lliired abutting the alley, pUfilllaat te Seetiell
26.575.060, Utility/TrashiReeyele Serviee }\rea.
+~. -Maximum height:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with
less than one lodge unit per 500 square feet of Lot Area er an average leage Hfiit
size greater than 500 sfjllare feet: 28 feet.
c) 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
lIRit size of 500 sqllare feet or less: )8 feet for sle!led roefs. 42 feet for flat
reefs. 36 feet. which may be increased to 40 feet through Commercial Design
Review. See Chapter 26.412. Also see Section 26.710.190.E.
d) Lodge. Timeshare Lodge. Exempt Timesharing. and mixed-use proiects. with
one or more lodge units per 500 square feet of Lot Area and an average lodge
unit size of 450 square feet or less: 38 feet. which may be increased to 42 feet
through Commercial Design Review. See Chapter 26.412. Also see Section
26.710.190.E.
&2. Minimum distance between buildings on the lot (feet): 10.
9lQ. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
MIl- Floor Area Ratio (FAR):
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 ana an average ledge lIRit size ef 500 sfjllafe feet er less. This FAR
schedule is cumulative, up to a total maximum FAR of H2.75:1. 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 26.710.190.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.
1. 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 (lIRit s!lase): 2:1,
~wflieh may Be inereased te 2.5: 1 BY Speeial Review, !lllfSHllIlt te Seetien 26.430.
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 Resiaeatial ef Large Ledge/Timeshare UnitsHousing: AThe
allowable Floor Area shall be based on a percentage of the total Net Livable Area of
lodging units and affordable housing units on the parcel and according to average lodge
unit size on the parcel. as defined in table 26.710.190.1. below.
P&Z Resolution No. 11, Series of2007.
April 11 th - Lodging Zones
Page 4
Table 26.710.190.1 Allowable Free-Market Resident;al FAR
Averalle Net Livable Area of Free-Market Residential FAR as a
individuallodlle units on the Dercentalle of total Lodlle unit Net
I Darcel Livable Area
Greater than 600 souare feet 5%
600 souare feet 15%
500 souare feet 40%
400 square feet 60%
300 square feet or less 80%
When the average lodge unit size falls between the square footage categories. the
allowable Free-Market Multi-Family or Large Lodge/Timeshare Unit Floor Area shall
be determined by interpreting the above schedule proportionately. For example. a lodge
proiect with an average unit size of 450 square feet shall be allowed to develop a free-
market residential floor area UP to 50% of the total lodge unit Net Livable Area.
n amoHllt less than or equal to 25% ef the F.'.R ef the tetal jlrejest iRsIHdiRg Both lIRit and
nell. lInit s!'laee, ellt Ret iRsIHaiRg F.\R de'ieted to !larkiag. For ellalflj3le: If the tetal
jlrojest re!lreseatiJ 10,000 sqaare feet efFleer }'.fea, thell. 2,500 sqllare feet may Be free
market resideatial s!'lase ef s!'lase aevetea te Ie age/timeshare lIRits 'NlUsh are not to Be
limited By the a'ierage 1I1l.it size limitation.
This percentage of Free-Market Residential FAR may not be otherwise established for a
project through a Planned Unit Development review. .'.Iso see Sectioll. 26.710.190.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.
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 leage ]ffiit size greater tflan of 500 sqllare feet. This FAR schedule
is cumulative, up to a total maximum FAR of 1.5: 1 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.
1. 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 (]ffiit sflase): 1: 1.
3. Commercial Parking Facility: 1:1.
P&Z Resolution No. 11, Series of2007.
Aprill1 th - Lodging Zones
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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~, whish may Be ill6feasea to .5:1 BY S!leeial
Revie'N, j'lllfilllaRt to Sestien 26.430. All non-unit 5f*l6e"'Floor Area attributable to Free-
Market Multi-Family Housing shall count towards the individual FAR allowance for
Free-Market Multi-Family Housing.
c. The following FAR schedule applies to multi-family (as a single use) projects established
prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up to a total maximum
FAR of 1:1. Receipt of a Development Order shall constitute the date the use was
established.
1. Affordable Multi-Family Housing: 1:1.
2. Free-Market Multi-Family Housing: 1: 1.
d. The following FAR schedule applies to multi-family (as a single use) projects established
after the adoption of Ordinance 9, Series of 2005, cumulatively, up to a total maximum
FAR of .75:1. Receipt of a Development Order shall constitute the date the use was
established.
I. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
12. Maximum Multi-Familv Residential Unit Size (sQuare feet): 1.500. which may be increased
to 2.000 through the extinguishment of one City of Aspen Historic Transferable
Development Right per unit pursuant to Chapter 26.535. This maximum shall apply to
Free-Market and Affordable multi-family residential units and shall be measured pursuant
to the definition of Net Livable Area on a per unit basis.
E. Special Review for Density und Unit She Standards. The Planning and Zoning
Commission may approve an adjustment of the "density standard" and the "lInit size staHaard"
and the project shall remain qualified for the height, Floor Area, and Growth Management
incentives associated with these standards. The review shall be pursuant to the review
procedures for Special Review, Chapter 26.430, and the following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per 550
square feet of Lot Area. The average Hfiit size staflaard may Be amenaea BY a
maximHffi of 10% te jlermit an average lIRit size ef 550 sEJHare f-eet. An adjustment in
excess of thisese increases may be approved through adoption of a PUD plan, but the
project shall no longer be qualified for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
4. There exists a system or strategy for the project to maximize short-term occupancies.
P&Z Resolution No. 11, Series of2007.
April 11 th - Lodging Zones
Page 6
P. C61lsidelWfi6Hs }6' !1lEf'ellSiHg the Pe1'eellHlge 6/ the P1'6jeet ~T!Jetl }81' PI'ee Ma,""et
Residell#al Spaee. A Ledge, Timeilhare Leage, ef El[empt Timeshare jlrajeet may eJreeea the
t"Ne!lt)' five (25) pefeeat limitation en Free Mafiwt Resideatial Of lariSe laage/timeilhare lIRit
s!laee with Planfled Unit Devele!lmeRt ap!lreval. In adaitiall. ta the PUD eRteria af Chllflter
26.445.050, the folla'.ving faeters shall alse Be eansiderea:
1. The amal!Rt of Ilen lI!lit s!laee, amenities, and serviees fer gHests ef the lodgill.g
o!leratiall.. This ClIR inelude Bath iRtemal and elltefnal amenities.
2. Any lodge.4imeshare 1I1lits !lraviaea '.vmeh are in eJree5S af tfle minimum Ileeded te
aehieve the height lIRa Ff.R illeeatives.
3. .^.nr legal or !lhysieal limitatioll. ef the !lfe!lerty sHeh that a-dditiaaal ineemive is
neeessary te ae'ielofl gHest aeeemmadatians an the jlreperty.
4. The range of laElge Hnit sizes aad eenHgllfatien5, including f'leJriBle lIIl.its, whish ar-e
attraetive to a Braaa segmeat af poteatial gaeilts.
5. AR;)' system er strategy for the jlreject to maldmize shaft term eseHflaneies.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend 26.710.200 - Commercial Lodge (CL)
Zone District, which section regulates development within the Commercial Lodge Zone
District, as follows:
26.710.200 Commercial Lodge (CL).
A. Purpose. The purpose of the Commercial Lodge (CL) zone district is to provide for the
establishment of mixed-use commercial and lodge development by permitting commercial uses
on the ground floor with lodging development above. Free-Market residential units within this
zone district shall be permitted, but not required, to be used as short-term tourist
accommodations. The City of Aspen encourages high-occupancy lodging development in this
zone district.
B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge
(CL) zone district:
1. Uses allowed in Basement and Ground Floors: Those uses allowed in Basement and
Ground Floors, respectively, within the Commercial Core Zone District. Uses and
facilities necessary and incidental to uses on Upper Floors. Parking shall not be allowed
as the sole use ofthe ground floor.
2. Uses allowed on Upper Floors: Hotel or Lodge, Timeshare Lodge, Exempt
Timesharing, offices and activities accessory to timeshare unit sales (see Section
26.590), conference facilities, accessory uses, storage accessory to a permitted use,
Affordable Multi-Family Housing, Free-Market Multi-Family Housing. (Food service
for on-site lodge guests is an accessory use.)
P&Z Resolution No. 11, Series of2007.
April 11 th - Lodging Zones
Page 7
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Lodge (CL) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses, Office
Uses, Arts Cultural and Civic Uses, Public Uses, Academic Uses, or child care center,
located on Upper Floors.
2. Commercial Parking Facility, pursuant to Section 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial Lodge (CL) zone district:
1. Minimum lot size (square feet): No requirement.
2. Minimum lot area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
L6. Minimum rear yard setback (feet): No requirement~
7. Minimum Utility/TrashlRecycle area: Pursuant to Section 26.575.060. 6KSe!lt
trashllltility sefviee area shall Be requirea aBlIttill.g alley, !lllfSlIant to Sectien
26.575.960.
+~. Maximum height: 28 feet for two-storv elements of a building. 3~ feet for three-
storv elements of a building, which may be increased to 40 feet through Commercial
Design Review. See Chapter 26.412. For proiects with an average lodge unit size of
450 square feet or less. three-storv elements of a building may be 38 feet. which may be
increased to 42 feet through Commercial Design Review.fef all areas ef the !lfO!lerty.
46 feet for areas seteask 15 or mare feet from let lines a-djainillg a Street right of way.
&2. Minimum distance between buildings on the lot (feet): No requirement.
9lQ. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
1l\). Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of H2.5:1. 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: 1: 1.
b) _Lodging units, timeshare lodging units, and exempt timesharing units (lIRit sflace):
2:1~, whish maj' Be insrease8 to 2.5:1 BY S!lesial Review, j'lUfilllallt te Seetion 26.439.
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special Review,
pursuant to Section 26.430.d
P&Z Resolution No. 11, Series of2007.
April Il'h - Lodging Zones
Page 8
d) Free-Market Multi-Family Housing: ~.25:1 All non-unit space attributable to Free-
Market Multi-Family Housing shall count towards the individual FAR allowance for
Free-Market Multi-Family Housing.
12. Maximum Residential Unit Size (sQuare feet!: 1.500. which may be increased to 2.000
through the extinguishment of one City of Aspen Historic Transferable Development Right
per unit pursuant to Chapter 26.535. This maximum shall apply to Free-Market and
Affordable residential units and shall be measured pursuant to the definition of Net Livable
Area on a per unit basis.
E. Special Review for Density (utd Ullit Sii;e Standards. The Planning and Zoning
Commission may approve an adjustment of the "density standard" and the "lIIlit size sta-Raard"
and the project shall remain qualified for the Growth Management incentives associated with
thisese standards. The review shall be pursuant to the review procedures for Special Review,
Chapter 26.430, and the following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Lot Area. The a'ierage lIflit size fita-Rdard may Be amelldea BY a
maKimllffi of 19% to !lermit an average Hfiit size ef 550 s'lllaFe feet. An adjustment
in excess of th~ese increases may be approved through adoption of a PUD plan, but
the project shall no longer be qualified for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities, and services
for guests of the lodging operation. This can include both internal and external
amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a
broad segment of potential guests. Flexible units are encouraged.
3. There exists a system or strategy for the project to maximize short-term occupancies.
Section 3:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend 26.710.310 - Lodge Overlay (La) Zone
District, which section regulates development within the Lodge Overlay Zone District, as
follows:
26.710.310 Lodge Overlay (LO) zone district.
A. Purpose. The purpose of the Lodge Overlay (La) zone district is to provide for lodge
uses in areas of the City suitable for lodge accommodations but which lie in predominantly
residential neighborhoods or where there are limitations on development that necessitate the
permitted density to be significantly less than that in the City's other lodge zone districts.
B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (La)
zone district:
1. The uses permitted in the underlying zone district.
2. Hotel or Lodge.
3. Timeshare Lodge.
4. Exempt Timesharing.
P&Z Resolution No. 11, Series of 2007.
April 11 th - Lodging Zones
Page 9
5. Bed and Breakfast
~6.0ffices and activities accessory to timeshare unit sales (see Section 26.590).
6,7.Conference facilities.
+-,8.Uses associated with outdoor recreation facilities and events.
&9. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
9, 10. Storage accessory to a permitted use.
-l4 11. Affordable Housing accessory to a lodging or timeshare operation and for
employees of the operation.
+h12. Free-Market Multi-Family Housing.
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge
Overlay (La) zone district, subject to the standards and procedures established in Chapter
26.425:
1. The uses allowed as conditional uses in the underlying zone district.
2. Affordable housing intended for the general public.
3. Restaurant.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Overlay (La) Zone District shall be the dimensional requirements established for those uses in
the underlying zone district. Where no specific dimensions have been established for the use,
the permitted dimensions shall be limited to that of a single-family residence or multi-family
residences where such uses are permitted in the underlying zone district. Upon consideration
of the neighborhood compatibility and the dimensional requirements of surrounding zone
districts, the dimensional requirements may be established pursuant to Chapter 26.445 -
Planned Unit Development.
As part of the PUD review, an adjustment ofthe "density standard" arid the "lIRit size staJlaard"
may be approved and the project shall remain qualified for the Growth Management incentives
associated with thisese standards. The review shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per 600
square feet of Lot Area. The average unit size stanQard may be amended BY a
maJdmllffi of 2G% to jlefffiit an a'ierage unit size of 6GO sqllare f-eet. An adjustment in
excess of these-this increases may be approved through adoption of a PUD plan, but the
project shall no longer be qualified for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
4. There exists a system or strategy for the project to maximize short-term occupancies.
The amount of associated free-market residential Floor Area to be included in a lodging proiect
shall be as defined in the Lodge (L) Zone District - Section 26.71 0.190.D.ll.A.5..\s paR of the
PUD f.ppre'ial, the amollat of asseeiated free market resideatial or large lodge/timeshare lIRit
s!laee te Be illclHaed ill. the !lfojeet shall Be estaBlished by eellsidefing the fellew-ing fastom:
P&Z Resolution No. 11, Series of2007.
April 11 th - Lodging Zones
Page 10
1. The arReHllt ef nan lIRit sflace, ameaities, aRa servlees f-or gHests ef tfle lodging
e!leratiell. This can inelllde beth iatemal aRa exteraal a-meaities.
2. The prejeet's rallge af llRit sizes aRa eallf1guratians wflich are attractive te a Broad
segment of !lateHtial guests. flexiBle llRits are eneouraged.
3. The ellteat of adaitiollalleage Haits Being addea to the in.veatofY.
4. The ffilIllBef aRE! average size ef lodging lIRits Being jlrovidea.
5. Any legal Of !lhysieal limitatiens of the !lro!lerty sHeh that additienal illceatiye IS
neeessary to de'iela!l guest aeeomrneaations.
6. All)' systeffi ar strategy fer the pfeject to maldmize shaft term eeslIJlaneies.
Section 4:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend 26.710.320 - Lodge Preservation
Overlay (LP) Zone District, which section regulates development within the Lodge
Preservation Overlay Zone District, as follows:
26.710.320 Lodge Preservation Overlay (LP) zone district.
A. Purpose. The purpose of the Lodge Preservation (LP) Overlay zone district is to
provide for and protect small lodge uses on properties historically used for lodge
accommodations, to permit redevelopment of these properties to accommodate lodge and
affordable housing uses, to provide uses accessory and normally associated with lodge and
affordable housing development, to encourage development which is compatible with the
neighborhood and respective of the manner in which the property has historically operated, and
to provide an incentive for upgrading existing lodges on-site or onto adjacent properties.
B. Permitted uses. The following uses are permitted as of right in the LP Overlay zone
district:
1. The uses permitted in the underlying zone district.
2. Hotel or Lodge.
3. Timeshare Lodge.
4. Exempt Timesharing.
5. Boaraing house.Bed and Breakfast
6. Dormitory.
7. Offices and activities accessory to timeshare unit sales (see Section 26.590).
8. Conference facilities.
9. Uses associated with outdoor recreation facilities and events.
10. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
11. Storage accessory to a permitted use.
12. Affordable Housing accessory to a lodging or timeshare operation and for employees
of the operation.
13. Free-Market Multi-Family Housing.
P&Z Resolution No. 11, Series of2007.
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"'"______.___.,.,, _ ,m___~_
C. Conditional Uses. The following uses are permitted in the LP Overlay zone district,
subject to the standards and procedures established in Chapter 26.425 of this Code:
1. The uses allowed as conditional uses in the underlying zone district.
2. Affordable housing intended for the general public.
3. Restaurant.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Preservation (LP) Overlay Zone District shall be the dimensional requirements established for
those uses in the underlying zone district. Where no specific dimensions have been established
for the use, the permitted dimensions shall be limited to that of a single-family residence or
multi-family residences where such uses are permitted in the underlying zone district. Upon
consideration of the neighborhood compatibility and the dimensional requirements of
surrounding zone districts, the dimensional requirements may be established pursuant to
Chapter 26.445 - Planned Unit Development.
As part of the PUD review, an adjustment of the "density standard" ana tfle "Hfiit size stanaard"
may be approved and the project shall remain qualified for the Growth Management incentives
associated with tllese-this standards. The review shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per 600
square feet of Lot Area. The a'ierage lI!lit size staaaara may Be amended BY a
maximllffi of 20% te peFlllit an avcrage lI!lit size af 600 sEJHare feet. An adjustment in
excess of tllese-this increases may be approved through adoption of a PUD plan, but the
project shall no longer be qualified for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
4. There exists a system or strategy for the project to maximize short-term occupancies.
The amount of associated free-market residential Floor Area to be included in a lodging proiect
shall be as defined in the Lodge (L) Zone District - Section 26.710.190.D.l1.A.5..\s!lart efthe
PUD f.P!lraval, the amellllt ef a-sseeiated free maficet residelltial sr large Ie age/timeshare lIRit
s!laee to Be inelHded in the !lreject shall Be estaBlishea BY eonsidefing the fellawillg faetors:
1. The amOllRt sf non lIRit sjlace, amenities, and serviees for guests of t.fie leaging
sfleratisll.. This ean inelllae Both iaternal and eJ(ternal amenities.
2. The jlrejeet's range of Uflit sizes and eenfigumtiolls vffiieh are attraetive te a Breaa
segmeat of jleteatial gllests. FleJliBle units are ell.eouraged.
3. The eKteat af additianallodge Hfiits Beillg added to the illveatafY.
4. The HlIffiBer and a'ierage size of leaging units Being proviaee.
5. AIlJ' legal or !lftJ'sieal limitatiells of tfle !lroperty sueh that additienal illeelltive IS
neeessarj' to eevela!l guest aeeommodatiens.
P&Z Resolution No. 11, Series of2007.
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6. l\ny syGtcm or strategy fOf the !lrsjee-t to mwdmize shaft term 066l1flalleies.
Section 5:
This Resolution 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 6:
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 during a public hearing on _,2007.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
<2~n~
~
ATTEST:
C:\home\Moratorium\Drafts\Zoning\P&Z Reso - Lodging - April 11 - final.doc
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