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HomeMy WebLinkAboutordinance.council.051-01 ORDINANCE NO. 51 (SERIES OF 2001) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING SECTION 26.470.070, EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM, AND SECTION 26~590.010, TIMSEHARE, OF THE LAND USE CODE, CITY OF ASPEN, PITI{IN COUNTY, COLORADOI WHEREAS, the Community Development Department received an application from Grand Aspen Lodging, LLC C/o Four Peaks Development, LLC to amend the text of the Land Use Code and as contemplated in the Amended Conceptual Planned Unit Development approval granted pursuant to City Council Resolution #01-47; and, WHEREAS, the proposed amendments relate to the authority of City Council to vary review standards for Timeshare regulations in Section 26.590.010 and would add a conversion process for tourist accommodations reconstruction credits to residential dwelling units as a Growth Management Quota System exemption in Section 26.470.070. as both are further described herein; and, WHEREAS, pursuant to Section 26.310 of the City of Aspen Land Use Code, after a recommendation by the Community Development Department made during a duly notice public hearing, and the comments made by the general public, the Planning and Zoning Commission may recommend to the City Council approval, approval with conditions, or denial of an application for amending the text of the Land Use Code based on the criteria that are set forth in said Section; and, WHEREAS, the Community Development Director reviewed the proposed text amendments, as described herein, and recommended approval; and, WHEREAS, during a regular meeting on November 13th, continued to December 4th, 2001, the Planning and Zoning Commission, via Resolution No. 46, Series 2001, by a five to zero (5 - 0) vote, recommended City Council amend the text of the Land Use Code, as described herein; and WHEREAS, the Aspen City Council has reviewed and considered the proposed text amendments under the applicable provisions of the Municipal Code, as identified in Section 26.310, has reviewed and considered the recommendations made by the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed Land Use Code text amendments meet or exceed all applicable review standards and that the approval of the text amendments is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council fmds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE~ BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Section 26.470.070, which defines the types of development that may be exempted from the scoring and competition procedures of growth management, is hereby amended to include a new section to read as follows: O. Conversion of lodge reconstruction credits to residential dwelling units. The conversion of reconstruction credits derived from the demolition of tourist accommodation units pursuant to Section 26.470.070(A)(2) to residential dwelling units shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by City Council. This exemption shall only be granted if the following standards are met: 1. Demolished tourist accommodation units shall be converted to residential dwelling units at the rate of 0.34 residential dwelling units per each one tourist accommodations unit; 2. Residential dwelling units obtained pursuant to this exemption shall only be developed in those zone districts in which residential units are a permitted use; 3. Development of the residential dwelling units shall be limited to the same parcel from which the reconstruction credits were derived, on a contiguous parcel owned by the applicant, or within a Planned Unit Development approved pursuant to Section 26.445; 4. Employee housing or cash-in-lieu thereof shall be provided to mitigate for additional employees generated by the development of the residential dwelling units; 5. The proposed development is compatible with the character of the existing land uses in the surrounding area and the purpose of the underlying zone district; 6. Adequate parking and public facilities exist or can be provided for the development; and, 7. The proposed development is consistent with the Aspen Area Community Plan. Section 2: Section 26.590.0t0, which defines zone districts in which timeshare shall be permitted, review standards applicable to all timeshare projects, contents of a timeshare application, review procedures, city licensing and sales tax, and remedies is hereby amended to include a new subsection 26.590.010(D). Existing subsections D, E, F, and G shall be renumbered E, F, G, and H respectively. The new subsection 26.590.010(D) shall read as follows: D. Variations in timeshare standards. Variations in the review standards and criteria contained in Section 26.590.010(C) may be permitted subject to the approval of the City Council. An applicant requesting a variation in a review standard shall demonstrate that the standard is inappropriate or otherwise cannot be met and the reasonableness of the proposed variation. All variations from the standards and criteria of Section 26.590.010 shall be specified in the timeshare approval. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a com-t 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 5: A public heating on the Ordinance was held on the 14th day of January, 2002, at 5:00 in the City Council Chambers, Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was 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 of the City of Aspen on thig 17th day of December, 2001. Attest: ~ Kathryn S.~och, City Clerk FINALLY, adopted, passed and approved this 28th Day of January, 2002. Approved as to form: ~hn,~or~e~tor, ~ity P~ttorney