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HomeMy WebLinkAboutordinance.council.019-14 RECEPTION#: 612860, 08/26/2014 at 08:53:50 AM, 1 OF 93, R $471.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE No. 19 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO TITLE 26,THE CITY OF ASPEN LAND USE CODE,RELATED TO THE ADOPTION OF A LODGE INCENTIVE PROGRAM. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to craft a code amendment to establish a Lodge Incentive Program; and, WHEREAS,pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall,begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted extensive Public Outreach with community members, the Aspen Chamber Resort Association, condominium and lodging owners, managers, and stakeholders, the Planning & Zoning Commission, the Historic Preservation Commission, and City Council regarding a lodge incentive program code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 9, 2014, the City Council directed staff to draft a code amendment that would establish a Lodge Incentive Program and update other Land Use Code sections related to the creation of said program; and, WHEREAS,implementing a Lodge Incentive Program that bolsters the bed base has been a City Council Top Ten Goal for two (2)years; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to Title 26, the City of Aspen Land Use Code to implement a Lodge Incentive Program; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Code Amendment Objective The goals and objectives of the code amendment are to: Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 1 of 93 • Minimize further loss of Aspen's lodging inventory. • Increase the number and diversity of lodging options in Aspen. • Encourage and allow investment that bolsters the bed base. • Create incentives for existing lodges and condominiums that are on the short-term rental market to upgrade, expand, and redevelop. • Create incentives for new lodge and short-term condominium product. • Ensure investment in the bed base results in development that is compatible with City goals and community character. • Create development and non-development incentives that address the varying needs of Aspen's diverse lodge product. • Strengthen the Transferable Development Rights (TDR) Program by creating additional landing sites for TDRs. Section 2: A new Land Use Code Chapter, 26.595, Lodging and Vacation Residence Incentive Program, is adopted as follows: CHAPTER 26.595 LODGING & VACATION RESIDENCE INCENTIVE PROGRAM Sections: 26.595.010 Purpose and intent 26.595.020 Applicability and Prohibitions 26.595.030 Requirements 26.595.040 Vacation Residence Incentive Program 26.595.050 Lodging Incentive Program Options 26.595.060 Lodge Grant and Low Interest Loan program 26.595.070 Fee Waivers and Rebates 26.595.010 Purpose and intent. The purpose of this Chapter is to encourage upgrades and renovations to Aspen's existing lodges, enable upgrades and reinvestment in condominium units while ensuring they are available for short-term rentals, and encourage new lodging products. This purpose is achieved by providing enhanced development allowances and operational flexibility for the effective term of this program. It is the City's intent to establish a Lodging & Vacation Residence Incentive Program that protects Aspen's character as a vibrant resort community by replenishing Aspen's diverse bed- base through both traditional lodge units and short-term rental of condominium units while promoting a mix of lodging options that support the City of Aspen's tourism base and local economy. 26.595.020 Applicability and Prohibitions A. This Chapter applies to all existing or new properties that choose to participate in the City of Aspen's Lodging & Vacation Residence Incentive Program (Incentive Program). The terms of this Chapter shall remain in effect until December 31, 2019. After such time, this Chapter shall Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 2 of 93 be considered null and void. City Council, at its sole discretion, may choose to extend the program for an amount of time it deems appropriate. City Council may conduct periodic check- ins on the Incentive Program and may take any action necessary to improve or update the program. B. Nothing in this Chapter shall be construed to require free-market residential units to participate in short-term rentals. Free-market residential units are not subject to the requirements of this Chapter. C. The Incentive Program is limited to properties located within the Lodge (L), Commercial Lodge (CL), Commercial Core (CC), Commercial (C-1), Neighborhood Commercial (NC), Mixed-Use (MU), Residential Multi-Family (RMF), and Ski Base Area (SKI) zone districts, and properties with a Lodge (LO) or Lodge Preservation(LP) Overlay. D. All participating lodge and vacation residence properties and units shall be available for periodic nightly rentals by the general public. E. The uses and dimensions of all units and properties participating in the Incentive Program shall be those of the underlying zone district, unless otherwise established herein. F. Participation in the Incentive Program does not exempt a project from other requirements in this Title. G. A property participating in one of the Incentive Programs may take advantage of any of the benefits outlined, including all, some, or none, but shall be required to meet all conditions outlined. 26.595.030 Requirements A. General Requirements. Any lodge, hotel, vacation residence, or free-market multi-family unit or complex participating in the Incentive Program shall meet the following requirements. 1. Documents. All units and complexes shall enter into a Development Agreement with the City of Aspen, pursuant to Chapter 26.490, Approval Documents, which shall outline the benefits received and the conditions imposed upon the unit or complex, including defining the terms and limitations of any annual fee rebate. 2. Rentals. Units shall be made available for nightly rentals to the general public when it is not occupied by an owner or owner guest. 3. Occupancy. Units shall comply with the occupancy limitations outlined in Section 26.104.100, Definitions. 4. Audits. The City may conduct periodic audits, pursuant to Section 26.575.210, Lodging and Vacation Residences audits. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 3 of 93 5. Conversion to Vacation Residences. Any free-market residential unit or complex choosing to participate in the Standard or Standard-Plus Incentive Programs outlined in Sections 26.595.040(B) and 26.595.040(C), shall be converted to Vacation Residences and shall not require a growth management allotment pursuant to Chapter 26.470. This conversion shall be acknowledged in their Development Agreement with the City of Aspen. 6. Business License. Any individual unit or building participating in short-term rentals, whether as a lodge or vacation residence, shall be required to have a valid City of Aspen business license. 7. Tax collection and remittance. Occupancy of any unit by anyone who pays a rental fee for the use of the unit(other than the owner thereof) shall be subject to the City's sales tax the same as if such occupancy were of a hotel or lodge unit. All participating lodges, vacation residence units, and vacation residence complexes shall be required to obtain an Aspen sales tax/lodging tax license, which shall establish how this tax shall be collected and paid to the City. B. Vacation Residence Requirements. Any vacation residence unit or complex participating in the Incentive Program shall meet the following requirements, unless otherwise specific in this Chapter. 1. Mandatory physical features. a. Front Desk Services. All vacation residence developments shall provide front-desk services, either in the form of an on-site front desk or an off-site Aspen-based management company. The front desk or management company or companies shall be open at least during regular business hours and shall be managed to provide full time registration and reservation services, including provision for late check-in and for other off-hours guest needs. b. Accessibility. The common areas of the building shall be updated to meet all Accessibility requirements of the Building Code, including the addition of elevator access where possible. 2. Mandatory operational practices. a. Short-term rentals allowed. The complex covenants, declarations and other legal instruments of the homeowner's association shall expressly allow short-term rental of units by the general public. b. Lodging and sales taxes. All short-term rental units shall be subject to all taxpayer responsibilities set forth at Chapter 23.08, Taxpayer's Responsibilities, particularly the responsibility to collect and to remit all applicable sales and lodging taxes. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 4 of 93 c. Vehicle Storage. The covenants and other legal instruments of the homeowners association shall prohibit owners from storing any vehicles on-site when not occupying the unit. 26.595.040 Vacation Residence Incentive Program In an effort to encourage the short-term rental of condominium style multi-family residential units, the City has established a new land use category, Vacation Residences, to enable multi- family residential units and complexes to participate in the Incentive Program. A sliding scale of benefits and requirements is established as outlined below. The Basic Incentive Program is available only on a complex-wide basis, while the Standard and Standard-Plus Incentive Programs are available on an individual unit and complex-wide basis. A. Basic Incentive Program The intent of the Basic Incentive Program is to encourage Vacation Residence complexes and free-market multi-family complexes to upgrade basic infrastructure to meet current building and energy codes, and to allow exterior upgrades. This program in only available on a complex-wide basis. 1. Benefits. Complexes choosing to participate in the Basic Incentive Program shall be eligible for the following benefits: a. Free Building Code Evaluation. The complex is entitled to a free building evaluation paid for by the City to identify upgrades that would bring the complex up to current building code requirements, including energy and accessibility codes. The City may contract with outside sources to conduct the analysis. The complex will be provided a written report outlining the suggested improvements. b. Energy and Accessibility Expansions. A complex may upgrade and/or add ADA and Energy Code improvements that meet minimum energy and accessibility code requirements. Expansions beyond existing zone district dimensional requirements shall be permitted by the Community Development Director only if the expansion is the minimum necessary to meet building and energy codes. A determination shall be made by the Community Development Director as part of a building permit application, and no land use review shall be required. c. Exterior Renovations. A complex may undergo exterior renovations to upgrade the building, including structural improvements, updating of exterior materials, as well as minor design changes (creating new or relocating entrances, windows, etc). d. Parking in the Right-of-Way. Any existing parking spaces located in the right of way are allowed to be maintained and shall be granted a revocable encroachment license valid for 5 years. This benefit shall not be construed to prohibit the City Engineer from implementing right-of-way improvements necessary for public health, safety, and welfare. The configuration and orientation will be reviewed when expansions and major work is proposed or when the City needs the configuration and orientation to be modified to address public health and safety. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 5 of 93 e. Administrative Land Use Review. Certain land use reviews that are required for work associated with a-d shall be completed administratively. This benefit shall apply to the following reviews: 26.410, Residential Design Standards, 26.412, Commercial Design Standards, 26.415, Historic Preservation, and 26.435, Development in Environmentally Sensitive Areas. In situations where the review process outlined in said sections conflicts with this chapter, this chapter shall supersede. However, if the Community Development Director determines that the proposal does not meet the applicable review criteria, the application shall be processed under the regulations outlined in said sections. f. Streamlined Review. If the property implements the building code improvements identified in subsection b, above, any required land use review or building permit review shall be expedited to the greatest extent practical. g. Fee Reductions. The complex shall receive a fee waiver for any fees associated with a-f, as outlined in section 26.595.070, Fee Waivers and Rebates. Work not associated with the benefits described above shall not be eligible for a fee waiver. 2. Conditions. The following conditions shall be imposed. a. Vacation Residence Requirements. The complex shall only be required to comply with Subsections (2)(a-b) of Section 26.595.030(B), Vacation Residence Requirements. b. Agreement. The complex shall enter into an agreement with the City of Aspen agreeing that short-term rentals shall be permitted for a period of at least five (5) years. B. Standard Incentive Program The intent of the Standard Incentive Program is to encourage individual Vacation Residences as well as entire complexes to maintain and increase the number of short-term rentals. This program is available on an individual unit basis for internal changes or a complex-wide basis for external changes and common upgrades. 1. Benefits. Complexes and units choosing to participate in the Standard Incentive Program shall be eligible for the following benefits: a. Basic Program Benefits. The Basic Program benefits outlined in Section 26.590.040.A.1.a-c shall be available on a complex-wide basis. b. Interior Renovations. An individual unit may undergo internal improvements to accommodate basic upgrade, such as adding or improving bathroom fixtures, kitchen areas, etc. c. Coordinated Unit Expansions. A complex may undergo expansions to individual units, including adding decks, balconies, or interior space, but any approval shall allow all units to expand or renovate with a cohesive design. Any expansions that cannot be accommodated within zone district dimensional limitations shall be permitted only upon Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 6 of 93 Special Review approval, pursuant to Section 26.430.040.J. Height may not be varied beyond the allowances in the underlying zone district. If a design review, pursuant to 26.410, Residential Design Standards, 26.412, Commercial Design Standards, or 26.415, Historic Preservation is required, it may be consolidated to one-step process. d. Multi-Family Replacement Requirements. If work on units related to their participation in the Standard Incentive Program triggers Multi-Family Replacement requirements, pursuant to Chapter 26.470, Growth Management Quota System, the units shall be exempted from said requirements if they have not housed a local working resident for the previous five (5) years. Documentation, as prescribed in Chapter 26.470, may be required. e. Signs. A complex with more than 50% of units participating in the Standard Incentive Program may use the signage allotments for a Lodge, pursuant to the allowances in Chapter 26.510, Signs. E Parking in the Right-of-Way. Any existing parking spaces located in the right of way are allowed to be maintained and shall be granted a revocable encroachment license valid for 5 years. The configuration and orientation will need to be done in a way that is safe for the traveling public and will need to be consistent with the City's Complete Street policies. This configuration and orientation will need to be approved by the City Engineer along with the Parking Dept. The configuration and orientation will be reviewed when expansions and major work is proposed or when the City needs the configuration and orientation to be modified to address public health and safety. This incentive is only available on a complex-wide basis. g. Parking Passes. Each unit in the complex that participates in the Incentive Program is entitled to on-street parking passes to be used when the unit is rented to a non-owner. These passes shall cost $1 per week. f. Streamlined Review. Any required land use review or building permit review associated with participation in the Standard Incentive Program shall be expedited to the greatest extent practical. g. Fee Reductions. The complex shall be eligible for a fee rebate for any fees associated with a-f, as outlined in Section 26.595.070, Fee Waivers and Rebates. Work not associated with the benefits described above shall not be eligible for a fee rebate. 2. Conditions. In addition to the conditions outlined in Section 26.595.030, General Requirements, the following conditions shall be imposed. a. Agreement. The complex shall enter into an agreement with the City of Aspen agreeing that short-term rentals to the general public shall be permitted for a period of at least ten (10) years, and that at least 50% of the units will be available as short-term rentals to the general public for at least 6 months of the year. Any individual units participating in the program shall enter into an agreement that their unit will be available Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 7 of 93 as short-term rentals to the general public for at least 6 months of the year for a period of at least ten (10) years. b. Change in Use. The complex or unit, as applicable, may not change from Vacation Residences to another use, including multi-family residential during the ten (10) agreement year period. In addition, the complex or unit shall reimburse the City for all benefits received, plus inflation, including any reductions in affordable housing mitigation, any right-of-way improvements, and any fee rebates if the use changes within ten(10) years after the initial agreement period has ended. c. Reservation System. Units shall be listed at competitive rates in a publically accessible reservation system. Listing of the unit with a recognized central reservation system in Aspen or through the central reservation system of the company or companies that manage the development is preferred. d. Documentation. The complex shall submit a yearly report to the City of Aspen Community Development Department outlining the number of rentals, cost of rentals, and parking pass usage. C. Standard Plus Incentive Program The intent of the Standard Plus Incentive Program is to encourage individual vacation residences as well as complexes to maintain and increase the amount of short-term rentals. This program is available on an individual unit or complex-wide basis. 1. Benefits. Complexes and units choosing to participate in the Standard Incentive Program shall be eligible for the following benefits: a. Basic Program Benefits. The Basic Program benefits outlined in Section 26.590.040.A.La-c shall be available on a complex-wide basis. b. Standard Program Benefits. The Basic Program benefits outlined in Section 26.590.040.A.1.a-g shall be available on a complex-wide basis or individual unit basis, as applicable. c. Expansions for Common Amenities. A complex may expand the building to accommodate common amenities, such as check-in, administrative services, gym, breakfast area, etc, and shall be exempt from any Growth Management requirements. Expansions that cannot be accommodated within zone district dimensional limitations shall be permitted only upon Special Review, pursuant to Section 26.430.040(J). d. Building Expansion. A complex may expand up or out to create new units or expand existing units, and shall be exempt from any multi-family replacement mitigation requirements. Any expansions that cannot be accommodated within zone district floor area limitations shall be permitted only upon Special Review approval, pursuant to Section 26.430.040(J). Height may not be varied beyond the allowances in the underlying zone district. If a design review, pursuant to 26.410, Residential Design Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 8 of 93 Standards, 26.412, Commercial Design Standards, or 26.415, Historic Preservation is required, it may be consolidated to one-step process. e. Improvements in the Right-of-way. The cost (as approved by the City) of any required public improvements located in the public right-of-way, such as curb & gutter, sidewalks, and street trees that are related to any project improvements resulting from participation in the incentive program shall be split 50150 with the property and the City. The Vacation Residence complex shall be responsible for completion of the improvements, and the City shall reimburse the Vacation Residence complex for the City share of the cost following final Certificate of Occupancy, or as otherwise specified in a Development Agreement.This incentive is only available on a complex-wide basis. - - - L Multi-Family Replacement Requirements. If work on units related to their participation in the Standard-Plus Incentive Program triggers Multi-Family Replacement requirements, pursuant to Chapter 26.470, Growth Management Quota System, the units shall be exempted from said requirements if they have not housed a local working resident for the previous five (5) years. Documentation, as prescribed in Chapter 26.470, may be required. g. Affordable Housing Mitigation Requirements. The Affordable Housing mitigation requirements for new Vacation Residences outlined in Section 26.470.080.D.4, shall be reduced to 10% if the project is a stand-alone Vacation Residence development and to 5% if it is part of a Lodge project. h. Streamlined Review. Any required land use review or building permit review associated with participation in the Standard-Plus Incentive Program shall be expedited to the greatest extent practical. i. Fee Reductions. The complex shall be eligible for a fee rebate for any fees associated with a-h, as outlined in section 26.595.070, Fee Waivers and Rebates. Work not associated with the benefits described above shall not be eligible for a fee rebate. 2. Conditions. In addition to the conditions outlined in Section 26.595.030, General Requirements, the following conditions shall be imposed. a. Agreement. The complex shall enter into an agreement with the City of Aspen agreeing that short-term rentals shall be permitted for a period of at least fifteen (15) years, and that at least 75% of the units will be available to the general public as short- term rentals for at least 6 months of each year. Any individual units participating in the program shall enter into an agreement that their unit will be available to the general public as a short-term rental for at least 6 months of each year for a period of at least fifteen(15) years. b. Change in Use. The complex or unit, as applicable, may not change from Vacation Residences to another use, including multi-family residential during the fifteen (15) agreement year period. In addition, the complex or unit shall reimburse the City for all Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 9 of 93 benefits received, plus inflation, including any reductions in affordable housing mitigation, any right-of-way improvements, and any fee rebates if the use changes within ten(10) years after the initial agreement period has ended. c. Reservation System. Units shall be listed at competitive rates in a publically accessible reservation system. Listing of the unit with a recognized central reservation system in Aspen or through the central reservation system of company or companies that manage the development is preferred. d. Trash and Recycle Area. The complex shall upgrade trash and recycle areas to meet current codes for Multi-Family Residential Units. e. Documentation. The complex shall submit a yearly report to the City of Aspen Community Development Department outlining the number of rentals, cost of rentals, and parking pass usage. 26.595.050 Lodging Incentive Program In an effort to encourage upgrades, renovations, remodels, and new development that will maintain and increase the number of traditional lodging options in Aspen, the City has established a sliding scale of benefits and requirements for lodges wishing to participate in the Incentive Program. The Incentive Programs are only available on a property-wide basis, and are available to 100% lodge projects as well as mixed-use projects with a lodge component. In addition to the incentives below, lodges are eligible for the City's Lodge Matching Grant and Low Interest Loan program, outlined in Section 26.595.060. A. Basic Incentive Program The intent of the Basic Incentive Program is to encourage existing lodges to upgrade basic infrastructure to meet current building and energy codes, and to allow exterior upgrades. 1. Benefits. Lodges choosing to participate in the Basic Incentive Program shall be eligible for the following benefits: a. Free Building Code Evaluation. The lodge is entitled to a free building evaluation paid for by the City to identify upgrades that would bring the lodge up to current building code requirements, including energy and accessibility codes. The City may contract with outside sources to conduct the analysis. The lodge will be provided a written report outlining the suggested improvements. b. Free Lodge Analysis. The lodge is entitled to a free evaluation by a lodging expert, paid for by the City, to identify upgrades or additional amenities that would likely assist the lodge in increasing over-night guests to the lodge. Topics of the analysis may include physical conditions such as common area and room d6cor; accessibility, comfort, and convenience issues; energy efficiency measures; and, the overall condition of the property. The analysis may also include operational practices such as staffing, reservation systems, rate structures, and marketing strategies. The City may contract Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 10 of 93 with outside sources to conduct the analysis. The property owner will be provided a written report outlining the suggested physical and operational enhancements. c. Energy and Accessibility Expansions. A lodge may upgrade and/or add ADA and Energy Code improvements that meet minimum energy and accessibility code requirements. Expansions beyond existing zone district dimensional requirements shall be permitted by the Community Development Director only if the expansion is the minimum necessary to meet building and energy codes. A determination shall be made by the Community Development Director as part of a building permit application, and no land use review shall be required. d. Exterior Renovations. A lodge may undergo exterior renovations to upgrade the building, including structural improvements, updating of exterior materials, as well as minor design changes (creating new entrances, windows, etc). e. Parking in the Right-of-Way. The lodge is entitled to dedicated parking spaces in the right-of-way for lodge guests through a revocable encroachment license valid for 5 years. The following schedule shall apply: Number of Units in Lodge Number of Parking Spaces Up to 50 units 3 Parking spaces, at least 1 for 30 minute check-in 51+Units 5 parking spaces, at least 1 for 30 minute check-in The configuration and orientation will need to be done in a way that is safe for the traveling public and will need to be consistent with the City's Complete Street policies. This configuration and orientation will need to be approved by the City Engineer along with the Parking Dept. The configuration and orientation will be reviewed when expansions and major work is proposed or when the City needs the configuration and orientation to be modified to address public health and safety. f. Parking Passes. The lodge is entitled to one-hundred (100) free parking passes per calendar year. Each pass thereafter shall cost $1 per week. g. Improvements in the Right-of-way. The cost (as approved by the City) of any required public improvements located in the public right-of-way, such as curb & gutter, sidewalks, and street trees that are related to any project improvements resulting from participation in the incentive program shall be split 50150 with the property and the City. The Lodge shall be responsible for completion of the improvements, and the City shall reimburse the Lodge for the City share of the cost following final Certificate of Occupancy, or as otherwise specified in a Development Agreement. It. Administrative Land Use Review. Certain land use reviews that are required for work associated with a-g shall be completed administratively. This benefit shall apply to Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 11 of 93 the following reviews: 26.410, Residential Design Standards, 26.412, Commercial Design Standards, 26.415, Historic Preservation, and 26.435, Development in Environmentally Sensitive Areas. In situations where the review process outlined said sections conflicts with this chapter, this chapter shall supersede. However, if the Community Development Director determines that the proposal does not meet the applicable review criteria, the application shall be processed under the regulations outlined in said sections. i. Streamlined Review. Any required land use review or building permit review shall be expedited to the greatest extent practical. j. Fee Reductions. The lodge shall receive a fee waiver for any fees associated with a-f, as outlined in section 26.595.070, Fee Waivers and Rebates. Work not associated with the benefits described above shall not be eligible for a fee waiver. 2. Conditions. In addition to the conditions outlined in Section 26.595.030, General Requirements, the following conditions shall be imposed. a. Agreement. The lodge shall enter into an agreement with the City of Aspen agreeing to remain a lodge for a period of at least five (5) years. The lodge may not intentionally change to another use during the five (5) year agreement period. b. Change in Use. The lodge shall reimburse the City for all benefits received, plus inflation, including any right-of-way improvements, and any fee rebates, if the use changes within ten (10) years after the initial agreement period has ended. The Development Agreement shall outline all benefits received. B. Standard Incentive Program The intent of the Standard Incentive Program is to encourage lodges to upgrade and expand to meet Aspen's short-term lodging needs. 1. Benefits. Lodges choosing to participate in the Basic Incentive Program shall be eligible for the following benefits: a. Basic Program Benefits. The Basic Program benefits outlined in Section 26.590.050.A.1.a-g shall be available to the lodge. b. Interior Reconfiguration. Internal lodge unit reconfiguration that increase the number of lodge rooms on a property, but which does not change the building's mass or scale are permitted if they allow unit flexibility (i.e. a unit could be rented as a three- bedroom or as three individual one-bedroom units). These changes shall be exempt from affordable housing mitigation requirements outlined in Chapter 26.470. Updating of exterior materials, as well as minor design changes (changes to entrances, windows, etc), shall be permitted. If a design review pursuant to Sections 26.410, Residential Design Standards, 26.412, Commercial Design Standards, and 26.415, Historic Preservation, is required it shall be completed administratively. In situations where the review process Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 12 of 93 outlined in said sections conflicts with this chapter, this chapter shall supersede. However, if the Community Development Director determines that the proposal does not meet the applicable review criteria, the application shall be processed under the regulations outlined in said sections. c. Lodge Expansions. A lodge may add up to three (3) new lodge units and up to 500 sq ft of commercial net leasable space that increases the lodge's mass and scale and shall be exempt from affordable housing mitigation requirements outlined in Chapter 26.470. Any new units beyond these thresholds shall comply with requirements in Chapter 26.470, Growth Management Quota System., unless the project meets the density requirements of 26.595.050(B)(1)(d). If a design review, pursuant to 26.410, Residential Design Standards, 26.412, Commercial Design Standards, or 26.415, Historic Preservation is required, it may be consolidated to a one-step process. d. Affordable Housing Mitigation Requirements — High Density Lodge. The Affordable Housing mitigation requirements for additional lodge units outlined in Chapter 26.470 shall be waived if the project contains a minimum of one (1) lodge unit per two hundred and fifty (250) square feet of net lot area and there is no free-market residential component. e. Streamlined Land Use and Building Permit Review. Any required land use review or building permit review associated with participation in the Standard Program shall be expedited to the greatest extent practical. f. Fee Reductions. The lodge shall eligible for a fee rebate for any fees associated with a-e, as outlined in section 26.595.070, Fee Waivers and Rebates. Work not associated with the benefits described above shall not be eligible for a fee rebate. 2. Conditions. In addition the conditions outlined in Section 26.595.030, General Requirements, the following conditions shall be imposed. a. Agreement. The lodge shall enter into a ten (10) year agreement with the City agreeing to remain a lodge. The lodge may not intentionally change to another use, during the ten (10) agreement year period. b. Change in Use. The lodge shall reimburse the City for all benefits received, plus inflation, including any reductions in affordable housing mitigation, any right-of-way improvements, and any fee rebates if the use changes from a lodge. Any affordable housing mitigation shall be required to be built on-site. The Development Agreement shall outline all benefits received. C. Standard-Plus Incentive Program The intent of the Standard-Plus Incentive Program is to encourage existing lodges to expand and redevelop to meet Aspen's short-term lodging needs. New lodges may also participate in this incentive program level. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 13 of 93 1. Benefits. Lodges choosing to participate in the Standard-Plus Incentive Program shall be eligible for the following benefits: a. Basic Program Benefits. The Basic Program benefits outlined in Section 26.590.050.A.1.a-g shall be available. b. Standard Program Benefits. The Standard Program benefits outlined in Section 26.590.050.B.1.a-d shall be available. c. Fourth Floor. A lodge project that is located south of Durant Street and is in the Lodge (L) zone district may request a fourth floor that exceeds the allowed height limit in the zone district. All requests for a fourth floor shall require Planned Development Review, pursuant to Section 26.445. The following review criteria shall be used when evaluating the fourth floor request. If no other dimensional changes are requested, the project shall not be subject to the review criteria in Section 26.445.050, Project Review Standards. Fourth Floor Review Criteria: 1. The amount, location, proposed uses, and design of enclosed space on the fourth floor is compatible with the overall design of the building, and with the neighborhood context. Certain reductions in fourth floor footprint, setback, orientation, and design may be required to meet this standard. Unenclosed amenity space and deck space is permitted for the entire footprint. 2. The proposed building, including its overall height, is compatible with the general development pattern in the neighborhood. 3. The proposed lodge meets the review criteria established in Section 26.430.040(J)(2), Special Review—Lodge Units and Vacation Residences. d. Lodge Expansions. An existing lodge may add up to five (5) new lodge units and up to 1,000 sq ft of commercial net leasable space and shall be exempt from affordable housing mitigation requirements outlined in Chapter 26.470. Any new units beyond these thresholds shall comply with requirements in Chapter 26.470, Growth Management Quota System. If a design review, pursuant to 26.410, Residential Design Standards, 26.412, Commercial Design Standards, or 26.415, Historic Preservation is required, it may be consolidated to a one-step process. e. Affordable Housing Mitigation Requirements — Lodge. The Affordable Housing mitigation requirements for additional lodge units outlined in Chapter 26.470 shall be reduced to the following, if the project contains a minimum of one (1) lodge and vacation residence unit per seven hundred and fifty (750) square feet of net lot area: Number of Additional Affordable Housing Unit Lodge Units Requirement Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 14 of 93 1—5 Units No Requirement 6—10 Units 1 FTE 11—25 Units 1.75 FTEs 26-50 Units 3.5 FTEs 51+ Units 5.25 FTEs f. Affordable Housing Mitigation Requirements — High Density Lodge. The Affordable Housing mitigation requirements for additional lodge units outlined in Chapter 26.470 shall be waived if the project contains a minimum of one (1) lodge unit per two hundred and fifty (250) square feet of net lot area and there is no free-market residential component. g. Affordable Housing Mitigation Requirements - Commercial. The Affordable Housing mitigation requirements for additional commercial space outlined in Chapter 26.470, shall be reduced for space that is part of a lodge project. If the project also contains free-market residential uses, the mitigation shall be 30%. If no free-market residential uses are included in the project, the mitigation shall be 15%. h. Affordable Housing Mitigation Requirements — Vacation Residences. The Affordable Housing mitigation requirements for additional Vacation Residences outlined in Chapter 26.470, shall be reduced for units that are part of a lodge project. If the project also contains free-market residential uses, the mitigation shall be 10%. If no free- market residential uses are included in the project, the mitigation shall be 5%. i. Affordable Housing Mitigation Requirements — Free-Market Residential. The Affordable Housing mitigation requirements for additional free-market residential units outlined in Chapter 26.470, shall be reduced to 15%when it is part of a lodge project. j. Transportation Mitigation. Up to five (5) additional lodge units, three (3) additional vacation residences, three (3) additional affordable housing units, and 1,000 sq ft of new net leasable space shall be exempt from the requirements of Chapter 26.630, Transportation Impact Analysis Guidelines. Expansions beyond these thresholds shall comply with Chapter 26.630. k. Density Adjustments. For parcels one (1) acre or larger, all dimensional requirements may be amended up to one (1) lodge unit and vacation residence per 1,500 square feet of net lot area. Special Review approval pursuant to Section 26.430.040(J) shall be required. 1. Streamlined Review. Any required land use review or building permit review associated with participation in the Standard-Plus Incentive Program shall be expedited to the greatest extent practical. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 15 of 93 m. Fee Reductions. The lodge shall be eligible for a fee rebate for any fees associated with a-1, as outlined in section 26.595.070, Fee Waivers and Rebates. Work not associated with the benefits described above shall not be eligible for a fee rebate. 2. Conditions. In addition the conditions outlined in Section 26.595.030, General Requirements, the following conditions shall be imposed. a. Agreement. The lodge shall enter into a twenty (20) year agreement with the City agreeing to remain a lodge. The lodge may not intentionally change to another use, during the twenty (20) agreement year period. b. Change in Use. The lodge shall reimburse the City for all benefits received, plus inflation, including any reductions in affordable housing mitigation, any right-of-way improvements, and any fee rebates if the use intentionally changes from a lodge. Any affordable housing mitigation or transportation mitigation shall be required to be built on- site. The Development Agreement shall outline all benefits received. b. Trash and Recycle Area. The lodge shall upgrade trash and recycle areas to meet current codes. 26.595.060 Lodge Matching Grant and Low Interest Loan Program In an effort to encourage upgrades, renovations, and remodels that will maintain and increase the number of traditional lodging options in Aspen, the City has established a grant and low interest loan program for lodge properties. Participation in other portions of the Incentive Program is not required. A. Matching Grants. 1. Eligibility. Any lodge in the City of Aspen may apply for a 50% matching grant from the City for general maintenance, upkeep, and improvement of the property. The lodge must demonstrate reasonable financial need, and must have participated in the Free City Evaluations outlined in Section 26.595.050(A)(1)a-b. A lodge participating in the free evaluations shall not be required to participate in the rest of the Incentive Program. Eligible projects include capital improvements, such as new siding, mechanical systems, new carpet, or lodge amenities such as fitness facilities or a pool. 2. Grant Review. Projects shall be reviewed by the City Finance Director, or designee. The City may establish a citizen review committee to provide recommendations. 3. Termination. The City shall have the right to terminate a Grant upon thirty (30) days notice if Grantee fails to comply with the terms of the Grant. In the event the Grant is terminated, Grantee shall reimburse the City for any portion of a cash contribution received in advance. 4. Administration. The administration of the grant program is hereby vested in the Finance Director. The Finance Director shall prescribe forms and administrative procedures for the review and awarding of Grants, as the Director deems necessary. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 16 of 93 B. Zero Interest Loan. 1. Eligibility. Any lodge in the City of Aspen may apply for a zero interest loan from the City. The lodge must demonstrate reasonable financial need, and must have participated in the Free City Evaluations outlined in Section 26.595.050(A)(1)a-b. A lodge participating in the free evaluations shall not be required to participate in the rest of the Incentive Program. Eligible projects include capital improvements, such as new siding, mechanical systems, new carpet, or lodge amenities such as fitness facilities or a pool. A lodge may only have one active loan at any one time. 2. Approval. City Council, at its sole discretion, may award a zero interest loan. 3. Reporting. The loan recipient shall provide a report to the City documenting the project(s) completed 4. Repayment. Loans shall be repaid at one-tenth(1/10)per year. In the event the loan is not repaid, a lein shall be placed on the property. 5. Administration. The administration of the loan program is hereby vested in the Finance Director. The Finance Director shall prescribe forms and administrative procedures for the loan program, as the Director deems necessary. 26.595.070 Fee Waivers and Rebates In an effort to encourage upgrades, renovations, and remodels that will maintain and increase the number and quality of lodging options in Aspen, the City has established a sliding scale of development fee rebates for properties and units participating in the Incentive Program. A. Schedule. All projects are entitled to waivers or rebates of applicable development fees according to the following schedule: 1. Basic Program. Lodging and vacation residence projects which do not contain a free- market residential component and which conform to the Basic Program outlined above shall be eligible for a fee waiver of 100% of the building plan check, building permit, zoning review, energy code, construction mitigation, and GIS fees. Lodging and vacation residence projects containing a free-market residential component and which conform to the Basic Program outlined above shall be eligible for a fee waiver of 75% of the building plan check, building permit, zoning review, energy code, construction mitigation, and GIS fees. 2. Standard Program. Lodging and vacation residence projects which do not contain a free- market residential component and which conform to the Standard Program outlined above shall be eligible for a fee rebate of 75% of the building plan check, building permit, zoning review, energy code, construction mitigation, and GIS fees. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 17 of 93 Lodging and vacation residence projects containing a free-market residential component and which conform to the Standard Program outlined above shall be eligible for a fee rebate of 50% of the building plan check, building permit, zoning review, energy code, construction mitigation, and GIS fees. 3. Standard Plus Programs. Lodging and vacation residence projects which do not contain a free-market residential component and which conform to the Standard Plus Program outlined above shall be eligible for a fee rebate of 50% of the building plan check, building permit, zoning review, energy code, construction mitigation, and GIS fees. Lodging and vacation residence projects containing a free-market residential component and which conform to the Standard Plus Program outlined above shall be eligible for a fee rebate of 25% of the building plan check, building permit, zoning review, energy code, construction mitigation, and GIS fees. 5. Mechanical, Electrical, Plumbing Fee Waiver. Mechanical, Electrical, and Plumbing permit fees for any project participating in an Incentive Program shall be waived 100% if there is no free-market residential component, and by 50% if there is a free-market residential component. 4. Right-of-Way and Construction Parking Fee Waiver. The right-of-way encroachment/construction parking fees for all lodging and vacation residence projects complying with any one of the programs outlined herein shall be waived by 75% for the initial agreed length of the project, or two on-seasons, whichever is less. The City Engineer shall first determine that the physical area and timeframe of the impact has been minimized to the extent practical. Right-of-way encroachment and construction parking fees beyond the original agreed area and timeframe shall accrue at the full (100%)rate. 5. Timing. All fee waivers shall be effective at the time of building permit submission. All projects eligible for a fee rebate shall be required to pay all applicable fees when due as part of a land use or building permit review. Rebates shall be paid back to the applicant by the City of Aspen over a five (5) year period as defined in a Development Agreement. 6. Reductions for Non-Compliance. All projects are required to comply with all applicable building and construction management codes. All fee benefits herein are subject to reduction or revocation upon non-compliance, as may be further defined in a Development Agreement. B. Reporting Requirements for Fee Rebates. Projects shall only receive a fee rebate if they submit a yearly report detailing continued compliance with the Incentive Program and their Development Agreement. A project that fails to submit a compliance report shall forfeit that year's rebate, but shall remain eligible for future year's rebates. The report shall be submitted every October 1 to the City of Aspen Finance Department. A complex with multiple vacation rental units shall provide a combined report. The annual rental report shall address: Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 18 of 93 1. Occupancy information, including number of units rented, number of nights rented, duration of stays, and other relevant occupancy statistics commonly used in the lodging industry. 2. Evidence that units participating in the Incentive Program are available for use and rental by the general public, pursuant to their Development Agreement with the City, when units are not occupied by an owner. 3. A statement verifying the covenants, rules, declarations, and other legal instruments of the complex continue to allow short-term rentals to the general public. C. Rebate Amortization. Fee rebates shall be paid to the property owner in equal installments over a period of five (5) years. The terms and repayment schedule shall be defined in a Development Agreement. The payments shall be made on January 15th of each year and shall commence after the first annual report is submitted and accepted by the City. Projects receiving a Certificate of Occupancy on or after May 1St may not submit an annual report or receive an annual rebate until the following year. D. Limitations. 1. Fee rebates are only available on a property-wide basis. Individual units are not eligible. Section 3: Chapter 26.590, Timeshare Development, shall be amended as follows: Chapter 26.590 TIMESHARE DEVELOPMENT Sections: 26.590.010 Purpose. 26.590.020 Applicability. 26.590.030 Prohibitions 26.590.040 Procedure for review. 26.590.050 Timeshare Standards. 26.590.060 Application contents. 26.590.070 Documents. 26.590.080 Amendments. 26.590.090 Appeals. 26.590.010 Purpose. The purpose of this Chapter is to establish the procedures and standards by which timeshare development may be permitted within the City. It is the City's intent to establish timeshare regulations that provide for the protection of the character of Aspen as a resort community and that help to promote increased tourism and vitality within the City. 26.590.020 Applicability. This Chapter shall apply to the division of a development, building, lodge unit, vacation residence, or dwelling unit into time-span estates. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 19 of 93 26.590.030 Prohibitions. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of the occupancy limitations applicable to the land use (residential, vacation residence, or lodge) Exchanges are not considered ownership interest occupancy. 26.590.040 Procedures for Review. A development application to establish or amend a Timeshare development shall be reviewed pursuant to the following procedures and standards and the Common Development Review Procedures set forth at Chapter 26.304. According to the type of Timeshare requested, the following steps are necessary: A. Timeshare development. The Community Development Director shall approve, approve with conditions or deny the application, based on the standards of review in Section 26.590.050.A. B. Variances. The Planning and Zoning Commission, during a duly noticed public hearing, shall review a recommendation from the Community Development Director and shall approve, approve with conditions, or deny an application for a variance from Timeshare requirements, based on the standards of review in Section 26.590.050.B, Variances. This requires a one-step process as follows. Step One—Public Hearing before Planning and Zoning Commission. 1. Purpose: To determine if the application meets the standards for Timeshare variance approval. 2. Process: The Planning and Zoning Commission shall approve, approve with conditions, or deny the application after considering the recommendation of the Community Development Director and comments and testimony from the public at a duly noticed public hearing. 3. Standards of review: The proposed variance shall comply with the review standards of Section 26.590.050.B. 4. Form of decision: The Planning and Zoning Commission decision shall be by resolution. 5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph 26.304.060.E.3. C. Associated Reviews. Unless waived by the Community Development Director, after consultation with the applicant an application for a variance from the timeshare standards shall be combined with development applications for all other associated land use reviews necessary for the project. All associated reviews shall be combined with the requested variance and made part of one decision for the project as a whole, pursuant to Section 26.304.050.B.1, Combined Reviews. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 20 of 93 The Community Development Director shall inform the applicant during the pre-application stage of a project whether combining associated reviews shall be required and if any redundant submission requirements may be waived. 26.590.050 Timeshare Standards. All timeshare developments shall comply with the following review standards: A. Timeshare Review Standards. 1. Onsite reception. Onsite reception area is required. Applicable only to a multi-family building, a mixed use building, or a lodge building. 2. Management plan. A property management plan shall be submitted for a multi- family building, a mixed use building, or a lodge building. Detached and duplex dwelling units shall comply with Section 26.575.220.D.3, Vacation Rental Standards, and provide a local owner representative. 3. Rental by the public. Timeshare estates shall be made available for short term rental to the general public when not in use by the owner or owner's guests. The covenants of the homeowners association shall permit rental of units to the general public. Single-family and duplex timeshares shall be exempt from this requirement. 4. Business license. A business license is required. It shall be unlawful for any timeshare development to operate in the City without first obtaining a business license in accordance with the standard procedures of the City 5. Tax collection and remittance. Occupancy of any timeshare unit by anyone who pays a rental fee for the use of the unit(other than the owner thereof) shall be subject to the City's sales tax the same as if such occupancy were of a hotel or lodge unit. Any timeshare development, as a condition of its approval, shall be required to obtain an Aspen sales tax/lodging tax license, which shall establish how this tax shall be collected and paid to the City 6. Minimum number of estates per unit. A minimum of 4 estates per unit are created per dwelling, vacation residence or lodge unit. 7. Complex-wide requirement. All residential units within a multi-family building, mixed use building, or a duplex building are required to develop time-span estates. A minimum of 50% of lodge units within a lodge building are required to develop time- span estates. 8. Physical upgrades. Any existing project that is proposed to be converted to a timeshare development shall be upgraded and improved to meet current Building Code requirements, which includes at a minimum the physical upgrades necessary to comply with current Americans with Disabilities Act(ADA) requirements. B. Variances. The Planning and Zoning Commission may approve variances from Section 26.590.050.A, Timeshare Review Standards, upon a finding that the review criteria in Section 26.430.040.J, Special Review are met. Only variances from the physical characteristics, Parts 1, 7 and 8 of the Timeshare development review standards are permitted. 26.590.060 Application Contents Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 21 of 93 The contents of a development application for a Timeshare Development shall include the following: 1. The general application information required in Common Development Review Procedures set forth at Section 26.304.030, as applicable. 2. A written response to each of the review criteria contain in Section 26.590.050, as applicable. 3. Proof of good standing with the State is required if the applicant is not an individual. 4. Floor plans depicting the onsite reception area, as applicable. 5. A copy of the management plan which describes who will manage the development and how it will be operated. Single family and duplex buildings are required to submit documentation of a local owner's representative in compliance with Section 26.575.220.D.3 Vacation Rental Standards. 6. A copy of the homeowner's association covenants and other legal instruments requiring that timeshare estates be made available for short term rental to the general public when not in use by the owner or owner's guests. Single-family and duplex timeshares shall be exempt from this requirement. 7. An application for a City of Aspen business license. 8. A description of the number of estates per unit proposed to be created. 9. For lodge buildings, a description of the number of lodge units participating in the timeshare development. 10. Floor plans and elevations of existing conditions. 11. Floor plans and elevations proposing any required physical upgrades to meet current ADA codes, as applicable. 26.590.070 Documents. A timeshare development agreement shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490,Approval Documents. In addition to the requirements of Chapter 26.490, as applicable, the development agreement shall include the following: I. A statement that the proposed development will comply with all applicable requirements of Title 12, Article 61, C.R.S. 2. Requirement that a homeowners association be established. Responsibility for maintenance of the development shall reside with the association. 3. A statement ensuring the timeshare estates shall be made available for short term rental to the general public when not in use by the owner or owner's guests, including a description of the protocol for member reservations. The statement shall acknowledge that the public rental requirement is subject to occasional compliance audits by the City of Aspen. Single-family and duplex timeshares shall be exempt from this requirement. 4. A stipulation by the owner of the timeshare interest irrevocably designating the homeowners association as an agent for the service of legal notices for any legal action, proceed or hearing pertaining to the timeshare interest or for the service of process. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 22 of 93 26.590.080 Amendments. Amendments shall be processed pursuant to Section 26.590.040,Procedures for review. 26.590.090 Appeals. An applicant aggrieved by a decision made by the Community Development Director or Planning and Zoning Commission regarding administration of this Chapter may appeal the decision to the City Council, pursuant to Chapter 26.316, Appeals. Section 4: Section 26.430.040, Review standards for special review, shall be amended to add Subsection 26.430.040(J), which shall read as follows: J. Lodge Units & Vacation Residences. Whenever a special review is required for Timeshare Lodge Development, for projects or units participating in the Lodge and Vacation Rental Incentive Program, or for a reduction of lodge units in an existing lodge, the development application shall only be approved if the following conditions are met. 1. Any dimensional changes shall meet the requirements of Section 26.430.040(A), Dimensional requirements. 2. The development contains a sufficient level of recreational facilities (such as exercise equipment, a pool or spa or similar facilities) and other amenities (such as a lobby, meeting spaces and similar facilities) to serve the occupants, or provides such amenities through off-site method such as gym privileges at local work-out facilities. The extent of the facilities provided should be proportional to the size of the development. The types of facilities should be consistent with the planned method and style of operating the development. 3. The proposed variation will likely result in a successful short-term rental product. The following characteristics shall be considered in meeting this standard: a. Vacation Residences are limited to a standard palate of decor that has been established for the property. b. The project maximizes the potential for short-term occupancies through design and operational characteristics, for instance by isolating larger residential units from high activity uses. c. The project provides a range of unit sizes and configurations to be attractive to a broad segment of guests. d. For Vacation Residences, owner occupancy is limited to less than six (6) months in any calendar year, with the unit available for nightly rental to the general public for the remainder of the year. Voluntary seasonal limits may also be considered in meeting this standard. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 23 of 93 e. Nightly rental rates are standardized and established by a Management Company rather than individual owners. f. A management and marketing plan provides for a standard management and marketing strategy for the units participating in the Incentive Program. g. The project includes hospitality amenities, commercial operations, or services available to the general community. 3. The application shall demonstrate how the operation provides short-term occupancies to the general public. The City may require an annual audit to ensure operation provides accommodations to the general public and is not operating as a private residence. 4. The lodge or vacation residence shall enter into a development agreement with the City of Aspen, pursuant to Chapter 26.490, Development Documents, outlining the commitments made. Section 5: Chapter 26.470, Growth Management Quota System, shall be amended as follows: Chapter 26.470 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) Sections: Sec. 26.470.010. Purpose. Sec. 26.470.020. Terminology. Sec. 26.470.030. Applicability and Prohibitions. Sec. 26.470.040. Allotment Procedures. Sec. 26.470.050. Calculations. Sec. 26.470.060. Procedures for Review. Sec. 26.470.070. Exempt development. Sec. 26.470.080. General Review Standards. Sec. 26.470.090. Minor Administrative applications. Sec. 26.470.100. Major Administrative applications. Sec. 26.470.110. City Council applications. Sec. 26.470.120. Yearly Growth Management accounting procedures. Sec. 26.470.130. Application contents. Sec. 26.470.140. Reconstruction limitations. Sec. 26.470.150. Amendment of a growth management development order. Sec. 26.470.160. Appeals. 26.470.010. Purpose. The purposes of this Chapter is to: (a) implement the goals and policies of the City and the Aspen Area Community Plan; (b) ensure that new growth occurs in an orderly and efficient manner; (c) ensure sufficient public facilities to accommodate new growth and development; (d) ensure that new growth and development is designed and constructed to maintain the character Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 24 of 93 and ambiance of the City; (e) ensure an adequate supply of affordable housing, businesses and events that serve the local, permanent community and the area's tourist base; (f) ensure that growth does not overextend the community's ability to provide support services, including employee housing, traffic control and parking; and (g) ensure that the resulting employees generated and impacts created by development are mitigated. 26.470.020. Terminology. Growth Management Year. A year period, lasting from January 1 through December 31, which constitutes the time period that each year's development allotments are available. Development categories. All development falls into one of six (6) land use categories, which are outlined in Table 1. Table 1 establishes the development categories and units of allocation for each category for purposes of administering this Chapter. TABLE 1,Develo ment Categories Category Description Allocation units 1. Free-Market Dwelling units intended exclusively for residential Dwelling units Residential purposes, not subject to any residency requirements and not including hotels, or lodging. Units may be in the form of single-family, duplex, multi-family or part of a mixed-use structure. (See definitions of Residential use and Dwelling.) 2. Vacation Dwelling units intended for residential purposes Dwelling units Residences and to house a transient tourist population on a short-term basis, and subject to residency requirements where an owner can occupy the unit for no more than six (6) months in any calendar year. Units may be in the form of multi-family units or part of a mixed-use structure. (See definition of Vacation Residences.) 3.Affordable Housing Dwelling units, intended to house only local Dwelling units working residents, that are deed restricted according to the Aspen/Pitkin County Housing Authority Guidelines. Units may be in the form of single-family, duplex, multi-family, dormitory or part of a mixed-use structure. (See definition of Affordable housing.) 4. Commercial Buildings, or portions thereof, supporting office, Net leasable retail, warehousing, manufacturing, commercial square feet recreation, restaurant/bar or service oriented businesses, including retail and office uses but not including hotel, lodging or timeshare uses. (See definition of Commercial use.) S. Lodging Buildings, or portions thereof, used to house a Lodging transient tourist population on a short-term basis, bedrooms Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 25 of 93 including lodges, hotels, motels, bed and breakfasts, and timeshare development. (See definition of Hotel.) 6. Essential Public Facilities serving essential public purposes used by Square feet Facilities or for the benefit of the general public and serving the needs of the community. (See definition of Essential public facility.) Annual development allotment. Each growth management year's potential growth within the City, applied to each type of land use. This is a unit of measurement applied to each type of land use, that, if granted, allows the specific development proposal to move forward in the review process. The number of development allotments for each land use is established in Table 2 below. Carry-forward allotment. The number of unused and unclaimed growth management allotments for each type of development that the City Council determines should be brought forward, or rolled-over, into the next growth management year. Procedures for carry-forward are established in Section 26.470.120, Yearly Growth Management accounting procedures. Full Time Equivalent (FTE). A unit of measurement standardizing the workloads of employees. In this Chapter, FTEs refer to the number of employees generated or housed by development. 26.470.030. Applicability and Prohibitions. This Chapter shall apply to all development in the City unless exempted in section 26.470.070, Exempt Development. A. Number of development applications. No more than one (1) application for growth management allotments on any one (1) parcel shall be considered concurrently. To submit a new application, any active growth management application for the same property must be vacated. B. Number of growth management allocations. No more than one (1) project shall be entitled to growth management allotments on any one (1) parcel concurrently. In order to entitle a different project on the same parcel, existing growth allotments shall be vacated. (Also see Section 26.470.150, Amendment of a growth management development order.) C. No automatic "resubmission" of growth management applications. Applications shall only be eligible for growth allotments within the growth management year in which they are submitted and shall not automatically become eligible for allotments in future years. Applications must be resubmitted in order to be eligible for allotments in the next session or next year, as applicable. Resubmission shall constitute a new submission date for the purposes of this chapter. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 26 of 93 D. Nonassignability of growth allotments. Development allotments obtained pursuant to this Chapter shall not be assignable or transferable independent of the conveyance of the real property on which the development allotment has been approved. E. No partial approvals. In order for a project to gain approval, sufficient allotments for every element of the project must be obtained. In circumstances where a proposal requires allotments be granted for various types of uses within the project, the reviewing body shall not grant approval unless allotments for every type of use are available. For example: If a proposal requires that allotments be granted for free-market residential units, affordable housing units and commercial space, and there are no remaining allotments for free-market residential for the year, the project shall be denied. No partial approvals shall be granted. In the above example, the project shall be denied in total and not granted allotments for the affordable housing units or the commercial space. Also see multi-year allotments below. F. Multi-year growth allotments. Projects requiring development allotments in excess of the annual allotment may be granted a multi-year allotment, pursuant to Section 26.470.110.A, or may gain allotments over a multi-year period, provided that the allotment gained in any one (1) year shall not exceed the annual allotment. For example, a project requesting fifty thousand (50,000) square feet of commercial space may request either a one-time, multi-year allotment of fifty thousand (50,000) square feet or may request approval in the first year for twenty-five thousand (25,000) square feet and request approval for the remaining twenty-five thousand (25,000) square feet in a subsequent year. Gaining allotments in any year shall not guarantee that allotments will be granted in later years for the same project. Projects requiring a multi-year allotment shall not be granted a development order until all elements of the project have been granted allotments. If the design of a project changes prior to receiving the full allotment needed for a development order, the reviewing body shall determine if the changes are acceptable or if the change invalidates the previously granted allotment and requires a resubmission for allotments. Applications for each year's allotment need to be submitted, and there shall be no preferential status given to a project granted partial allotment. Projects that do not require allotments in excess of the annual allotment shall not be eligible to gain partial allotments. See No partial approvals above. G. No combination of multiple affordable housing requirements. Unless otherwise stated in this Title, whenever multiple affordable housing mitigation requirements are required, each housing requirement shall be met. For example: A mixed-use project may require two (2) affordable housing units to mitigate an increase in commercial employee generation and two (2) affordable housing units to mitigate free-market residential development. In this case, four(4) affordable housing units are required. H. Approvals Cumulative. Unless otherwise stated herein, all approvals, exemptions, and allowances shall be considered cumulative. An applicant shall not receive approval for serial actions or requests unless such actions or requests comply in combination. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 27 of 93 26.470.040. Allotment Procedures A. General. Aspen area residents have determined that the maximum average growth rate that can be accommodated without long-term negative consequences is two percent (2%) per year, with the exception of permanently affordable housing. The AACP supports a "critical mass" of permanent residents to be housed and a growth rate of more than two percent (2%) for affordable housing ensures a balance of resort and community. The AACP also identifies bolstering the lodging base as critical to Aspen's long-term success as a resort. Therefore, the Growth Management Quota System does not limit the annual growth rate of affordable housing and does not limit the growth rate of lodging facilities for 2014 and 2015, while all other types of development shall be limited to not exceed a two-percent annual growth rate. In order to address continued community growth concerns, a growth limit of one-half percent (0.5%) has been implemented for new free-market residential development. Because Vacation Residences are considered a form of both short-term accommodations and residential dwellings, a one percent (I%) growth limit has been implemented. B. Annual development allotments. The Growth Management Quota System establishes annual development allotments available for use by projects during each growth management year. The Community Development Director shall calculate the development allotments available for each type of land use as follows: annual Carry-forward Available development allotments — allotment + allotment from prior year The following annual allotments are hereby established: Table 2, Development Allotments Development Type Annual Allotment Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 28 of 93 19 units An additional 19 units are Free-Market Residential available for lodge projects for growth management years 2014 and 2015 3 8 units An additional 38 units are Vacation Residences available for lodge projects for growth management years 2014 and 2015 Affordable Housing No annual limit Commercial 3 4,2 10 net leasable square feet 101 bedrooms, no annual limit Lodging in growth management 2014 and 2015 Essential public facility No annual limit Note, the annual allotment may be reduced if multi-year allotments are granted by the City Council. Upon a denial of the project and the completion of any appeals, where it's found the denial was appropriate, the project's allotments shall not be considered granted and shall be returned to the available allotment pool for the remainder of the year. Allotments shall be considered vacated by a property owner upon written notification from the property owner. C. Allotment allocation procedure. Following approval or approval with conditions of a growth management application, the Community Development Director shall issue a development order pursuant to Section 26.304.070, Development orders. Those applicants having received allotments may proceed to apply for any further development approvals required by this Title or any other regulations of the City. A project shall be assigned allotments when it is submitted, but a development order shall not be issued until all requisite reviews are complete. Should the project be denied, the reserved allotments shall be returned to the allotment pool pursuant to the terms of this Chapter. D. Expiration of growth management allotments. Growth management allotments granted pursuant to this Chapter shall expire pursuant to the terms and limitations of Section 26.304.070. Expired allotments shall not be considered valid, and the applicant shall be required to re-apply for growth management approval. Expired allotments may be added to the next year's available allotments at the discretion of the City Council, pursuant to Subsection 26.470.120.B. Unused allotments from previous years that were not rolled over by City Council pursuant to Section 26.470.120.13 shall be considered expired and may not be used by an applicant. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 29 of 93 E. Single-Family and Duplex allotments. In zone districts permitting the development of a single-family, a duplex or two (2) single-family residences, one (1) development allotment may be expressed as a single-family, a duplex or two (2) single-family residences. The parcel shall have only one (1) development right regardless of the way in which it has been or is proposed to be developed. The parcel may be condominiumized into separate ownership. In order to subdivide the parcel, additional development rights shall be obtained. 26.470.050. Calculations. A. General. Whenever affordable housing or cash-in-lieu is required to mitigate for employees generated by a development, there shall be an analysis and credit for the employees generated by the existing project, prior to redevelopment, and an employee generation analysis of the proposed development. The employee mitigation requirement shall be based upon the incremental employee generation difference between the existing development and the proposed development. Except for the conversion between residential and lodge uses outlined in Section 26.470.140, Reconstruction limitations, credits are not given for changes between the land use categories outlined in Table 1. For instance a change in use from commercial net leasable area to free-market residential units does not generate a credit. B. Employee generation rates. Table 3 establishes the employee generation rates for the City of Aspen and shall be used to determine the employee generation of projects in the City. They are the result of the Employee Generation Study, an analysis sponsored by the City during the fall and winter of 2012 considering the actual employment requirements of over one hundred (100) Aspen businesses. Table 3, Employee Generation Rates Employees Generated per, 1,000 Square Feet of Net Zone District Leasable Space Commercial Core (CC) 4.7 Commercial (C-1) Neighborhood Commercial (NC) Commercial Lodge (CL) commercial space Lodge (L) commercial space Lodge Preservation (LP) commercial space Lodge Overlay (LO) commercial space Ski Base (SKI) commercial space Mixed-Use (MU) 3.6 Service Commercial Industrial (S/C/I) 3.9 Public' 5.1 Lodge Preservation(LP) lodge units .3 per lodging bedroom Lodge (L), Commercial Lodge (CL), Ski .6 per lodging bedroom Base (SKI) and other zone district lodge units Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 30 of 93 Employees Generated per 1,000 Square Feet of Net Zone District Leasable Space 1 For the Public Zone, the study evaluated only office-type public uses, and this number should not be considered typical for other non- office public facilities. Hence, each Essential Public Facility proposal shall be evaluated for actual employee generation. Each use within a mixed-use building shall require a separate calculation to be added to the total for the project. For commercial net leasable space within basement or upper floors, the rates quoted above shall be reduced by twenty-five percent (25%) for the purpose of calculating total employee generation. This reduction shall not apply to lodge units. For lodging projects with flexible unit configurations, also known as "lock-off units," each separate "key" or rentable division shall constitute a unit for the purposes of this Section. Timeshare units are considered lodging projects for the purposes of determining employee generation. C. Employee generation review. All essential public facilities shall be reviewed by the Planning and Zoning Commission to determine employee generation, pursuant to Section 26.470.110.D. In addition, any applicant who believes the employee generation rate is different than that outlined herein may request an employee generation review with the Planning and Zoning Commission during a duly noticed public hearing, pursuant to Section 26.304.060.E, according to the following criteria. In establishing employee generation, the Planning and Zoning Commission shall consider the following: 1. The expected employee generation of the use considering the employment generation pattern of the use or of a similar use within the City or a similar resort. 2. Any unique employment characteristics of the operation. 3. The extent to which employees of various uses within a mixed-use building or of a related off-site operation will overlap or serve multiple functions. 4. A proposed restriction requiring full employee generation mitigation upon vacation of the type of business acceptable to the Planning and Zoning Commission. 5. Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual employee generation. The requirements of any proposed follow-up analysis shall be outlined in a Development Agreement, pursuant to Chapter 26.490. D. Employees housed. Whenever a project provides on or off site affordable housing units, the schedule in Table 4 shall be used to determine the number of employees housed by such units. Table 4, FTEs Housed Unit T e FTEs Housed Studio 1.25 One-bedroom 1.75 Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 31 of 93 Unit Type FTEs Housed Two-bedroom 2.25 Three-bedroom or 3.00, plus .5 per each additional bedroom larger Dormitory 1.00 employee per 400 square feet of net livable space E. Employee housing cash-in-lieu payment. Whenever a project provides employee housing via a cash-in-lieu payment, in part or in total, the amount of the payment shall be in accordance with the applicable provisions of the Aspen/Pitkin County Housing Authority Guidelines, as amended. F. Employee/square footage conversion. Whenever an affordable housing mitigation requirement is required to be converted between a number-of-employees requirement and a square-footage requirement, regardless of direction, the following conversion factor shall be used: 1 FTE =400 square feet of net livable area. 26.470.060. Procedures for Review. A development application for growth management shall be reviewed pursuant to the following procedures and standards and the Common Development Review Procedures set forth at Chapter 26.304. According to the type of allotments requested, the following steps are necessary. A development proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. An application for growth management may be submitted to the Community Development Director on any date of the year. A. Minor Administrative Applications. The Community Development Director shall approve, approve with conditions or deny the application, based on the standards of review in Section 26.470.090, Minor Administrative applications. B. Major Administrative Applications. The Community Development Director shall approve, approve with conditions or deny the application, based on the standards of review in Section 26.470.100, Major Administrative applications, and Section 26.470.080, General Review Standards. C. City Council Applications. City Council, during a duly noticed public hearing, shall review a recommendation from the Community Development Director, a recommendation from the Planning and Zoning Commission or Historic Preservation Commission, as applicable, and shall approve, approve with conditions, or deny the application, based on the standards of review in Section 26.470.110, City Council Applications, and Section 26.470.080, General Review Standards. This requires a two-step process as follows: Step One — Public Hearing before the Planning and Zoning Commission or Historic Preservation Commission. 1. Purpose: To determine if the application meets the standards for approval. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 32 of 93 2. Process: The Planning and Zoning Commission or Historic Preservation Commission shall forward a recommendation of approval, approval with conditions, or denial to City Council after considering the recommendation of the Community Development Director and comments and testimony from the public at a duly noticed public hearing. The Historic Preservation Commission shall be the recommending body for historic landmarks, properties requesting landmark designation, and all properties located within a Historic District. 3. Standards of review: The proposed development shall comply with the review standards of Section 26.470.110, City Council applications and Section 26.470.080, General Review Standards. 4. Form of decision: The Commission's recommendation shall be by resolution. 5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph 26.304.060.E.3 and the provisions of Section 26.304.035 — Neighborhood Outreach as applicable. Step Two—Public Hearing before City Council. 1. Purpose: To determine if the application meets the standards for approval 2. Process: The Community Development Director shall provide City Council with a recommendation to approve, approve with conditions, or deny the application, based on the standards of review. City Council shall approve, approve with conditions, or deny the application after considering the recommendation of the Community Development Director, the recommendation from the Planning and Zoning Commission or Historic Preservation Commission, and comments and testimony from the public at a duly noticed public hearing. 3. Standards of review: The proposed development shall comply with the review standards of Section 26.470.110, City Council applications and Section 26.470.080, General Review Standards. 4. Form of decision: City Council decision shall be by ordinance. 5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph 26.304.060.E.3, the requirements of Section 26.304.035 —Neighborhood Outreach as applicable, and the requisite notice requirements for adoption of an ordinance by City Council. C. Combined Reviews. An application for growth management review may be combined with development applications for other associated land use reviews, pursuant to Section 26.3 04.060.13.1, Combined Reviews. Sec. 26.470.070.Exempt development. The following types of development shall be exempt from the provisions of this Chapter. Development exempt from growth management shall not be considered exempt from other chapters of the Land Use Code. Where applicable, exemptions are cumulative. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 33 of 93 A. Remodeling or expansion of existing single-family and duplex residential development. The remodeling or expansion of existing single-family and duplex residential dwellings shall be exempt from growth management. When demolition occurs, see Paragraph 26.470.090.B. (Also see definition of demolition, Section 26.104.100.) B. Conversion of an existing single-family residence to a duplex residence or two (2) detached dwelling units or vise-versa. The conversion of an existing single-family residence into two (2) detached dwelling units or into a duplex residence, or vise-versa, shall be exempt from growth management. When demolition occurs, see Paragraph 26.470.090.B. (Also see definition of demolition, Section 26.104.100, and Zone Districts, Chapter 26.710.) C. Remodeling or expansion of existing multi-family residential development. The remodeling or expansion of existing multi-family residential dwellings shall be exempt from growth management as long as no demolition occurs. When demolition occurs, see Sections 26.470.100.17-G. (Also see definition of demolition, Section 26.104.100.) D. Remodeling or expansion of existing vacation residence development. The remodeling or expansion of existing vacation residences shall be exempt from growth management. E. Relocation of historic structures. The permanent or temporary relocation of a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures, shall be exempt from growth management, provided that all necessary approvals are obtained, pursuant to Chapter 26.415, Historic Preservation. F. Remodeling or replacement of existing commercial or lodge development. Remodeling or replacement after demolition of existing commercial or hotel/lodge buildings and portions thereof shall be exempt from the provisions of growth management, provided that no additional net leasable square footage is created, there is no change in use, and there is no change in the number of lodge units. Reduction of lodging units shall require approval pursuant to Section 26.470.110(F). If redevelopment involves an expansion of net leasable square footage or lodge units, only the replacement of existing development shall be exempt. Prior to demolition, existing net leasable square footage and lodge units shall be documented by the applicant and verified by the City Zoning Officer. (Also see definition of net leasable commercial and office space, Section 26.104.100.) G. Temporary uses and structures. The development of a temporary use or structure shall be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary and Seasonal Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if approved pursuant to Chapter 26.450. H. Temporary Food Vending. The development of temporary food vending shall be exempt from growth management, subject to the provisions of Chapter 26.575.040, Outdoor Food and Beverage Vending. I. Special events. Special events permitted by the City shall be exempt from this Chapter. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 34 of 93 J. Accessory dwelling units and carriage houses. The development of accessory dwelling units (ADUs) and carriage houses shall be exempt from the provisions of this Chapter but subject to the provisions of Chapter 26.520, Accessory Dwelling Units and Carriage Houses. K. Retractable canopies and trellis structures. Trellis structures and retractable canopies appended to a commercial or lodging structure shall be exempt from growth management provided that there is no expansion of floor area. Awnings shall be exempt from this Chapter. L. Public infrastructure. The development of public infrastructure such as roads, bridges, waterways, utilities and associated poles, wires, conduits, drains, hydrants and similar items considered essential services shall be exempt from growth management. Essential public facilities shall not be exempt and shall be reviewed pursuant to Section 26.470.110.D, Essential public facilities. (Also see definition of essential services, Section 26.104.100) M. Sale of locally-made products in common areas of commercial buildings. Commercial use of common areas within commercial and mixed-use buildings which contain commercial use (a.k.a. "non-unit spaces," "arcades," "hallways," "lobbies," or "malls") shall be exempt from growth management if it meets the following criteria: 1. Products shall be limited to arts, crafts, or produce designed, manufactured, created, grown, or assembled in the Roaring Fork Valley, defined as the watershed of the Roaring Fork River plus the municipal limits of the City of Glenwood Springs. Exempt from these product and geographic limitations are items sold by a hardware store adjacent to the common area and items incidental to arts, crafts, and produce such as frames and pedestals. 2. The area can be used by an existing business within the building or by "stand-alone" businesses. Multiple spaces may be created. 3. These areas shall not be considered net leasable space for the purposes of calculating impact fees or redevelopment credits. Compliance with all zoning, building, and fire codes is mandatory. N. Religious Institutions. Development, expansion, remodeling or replacement after demolition of religious institutions and portions thereof shall be exempt from the provisions of growth management. O. Changes in ownership style. Changes to ownership style (i.e. condominiumization, timesharing, etc) shall be exempt from the provisions of this chapter, 26.470.080. General Review Standards. All Major Administrative applications and City Council applications for growth management review shall comply with the following standards. A. Sufficient Allotments. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.040.B. Applications for Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 35 of 93 multi-year development allotments, pursuant to Section 26.470.11 O.A shall be required to meet this standard for the growth management years from which the allotments are requested. B. Development Conformance. The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site specific plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development — Project Review approval, as applicable. C. Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, streets, and transit services. D. Affordable Housing Mitigation. 1. For commercial development, sixty percent(60%) of the employees generated by the additional commercial development, according to Section 26.470.050.13, Employee generation rates, shall be mitigated through the provision of affordable housing. 2. For lodge development, mitigation shall be assessed at the rates outlined in Section 26.470. 100.J, Expansion or New Lodge Development. 3. For free-market residential development, affordable housing net livable area shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area. 4. For vacation residence development, affordable housing net livable area shall be provided in an amount equal to at least fifteen percent(15%) of the additional vacation residence net livable area. 5. For all affordable housing provided as mitigation pursuant to this chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority, as amended. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. b. Required affordable housing may be provided through a mix of methods outlined in this chapter, including newly built units, buy down units, certificates of affordable housing credit, or cash-in-lieu. c. Affordable housing that is in the form of newly built units or buy-down units shall be located on the same parcel as the proposed development or located off-site within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Section 26.470.110.B. When off-site units within City limits are Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 36 of 93 proposed, all requisite approvals shall be obtained prior to approval of the growth management application. d. If the total mitigation requirement for a project is less than one (1) full unit, a cash-in- lieu payment may be made by right. If the total mitigation requirement for a project is one (1) or more units, a cash-in-lieu payment shall require City Council approval, pursuant to Section 26.470.110.C. e. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Section 26.540.120, Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section 26.470.050.F, Employee/Square Footage Conversion. f. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.E, Affordable housing, and shall be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as,amended. An applicant may choose to provide mitigation units at a lower category designation. g. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. h. The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi-municipal agency shall not be subject to this mandatory "for sale" provision. City Council may authorize the proposed units to be rental units, including but not limited to rental units owned by an employer or nonprofit organization, only if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Lodge associated renta units may be deed restricted at any category, subject to review by the Aspen/Pitkin County Housing Authority and approval by City Council. Review of rental units shall be subject to the procedures outlined in Section 26.470.060(C) Step Two. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 37 of 93 6. Affordable housing units that are being provided absent a requirement("voluntary units") may be deed-restricted at any level of affordability, including resident occupied (RO). Sec. 26.470.090. Minor Administrative applications. The following types of development shall be approved, approved with conditions or denied by the Community Development Director, pursuant to Section 26.470.060, Procedures for Review, and the criteria described below. Minor administrative growth management approvals shall not be deducted from the annual development allotments. All approvals apply cumulatively. A. Single-family and duplex development on historic landmark properties. The development of one (1) or multiple single-family residences or a duplex on a parcel of land designated as an historic landmark and which contains an historic resource shall be approved by the Community Development Director. This review applies to the rehabilitation of existing structures, reconstruction after demolition of existing structures and the development of new structures on historic landmark properties. No affordable housing mitigation shall be required, provided that all necessary approvals are obtained, pursuant to Chapter 26.415, Historic Preservation, and provided that the parcel contains an historic resource. Development of single-family or duplex structures on an historic landmark property that does not contain an historic resource (for example, a new house on a vacant lot which was subdivided from an historic landmark property) shall be subject to the provisions of Paragraph 26.470.090.13, Single-family and duplex dwelling units. B. Single-family and duplex dwelling units. The following types of development of single-family or duplex structures shall require the provision of affordable housing in one (1) of the methods described in Subparagraph 3: 1. The development of a new single-family, two detached residential units, or a duplex dwelling on a vacant lot in one (1) of the following conditions: a) A vacant lot created by a lot split, pursuant to Subsection 26.480.060.A. b) A vacant lot created by an historic lot split, pursuant to Paragraph 26.480.060.13 , when the subject lot does not itself contain an historic resource. c) A vacant lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Subsection 26.480.020.C. 2. The replacement after demolition of an existing single-family, two detached residential units, or a duplex dwelling, regardless of when the lot was subdivided or legally described. 3. Affordable housing mitigation requirements for the types of single-family, two detached residential, and duplex development described above shall be as follows: A. Single-family. In order to qualify for a single-family approval, the applicant shall have six (6) mitigation options: 1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; or Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 38 of 93 2) Providing a Certificate of Affordable Housing Credit as mitigation,pursuant to Section 26.540.090 Authority of the Certificate, commensurate with the net increase of square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended; or 3) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or 4) Providing an accessory dwelling unit, or a carriage house, authorized through special review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520; or 5) Providing an off-site affordable housing unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or 6) Recording a deed restriction on the single-family dwelling unit at any category, including resident occupied (RO). B. Duplex or two detached residential units. In order to qualify for a duplex or two (2) detached residential units approval, the applicant shall have seven (7) mitigation options: 1) Providing one (1) free-market dwelling unit and one (1) deed-restricted dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet at any category, including resident occupied (RO); or 2) Providing two (2) above-grade, detached accessory dwelling units or carriage houses (or one [1] of each), pursuant to Chapter 26.520; or 3) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section 26.540.090 Authority of the Certificate, commensurate with the net increase of square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended; or 4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or 5) Providing two (2) accessory dwelling units or carriage houses (or one [1] of each) authorized through special review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520; or 6) Providing an off-site affordable housing unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or 7) Providing two (2) deed-restricted dwelling units at any category, including resident occupied (RO). C. Change in use of historic landmark sites and structures. The change of use between the development categories identified in Table 1 of Section 26.470.020, of a property, structure or portion of a structure designated as an historic landmark shall be approved, approved with conditions or denied by the Community Development Director if no more than one (1) free- market residence and no more than two (2) vacation residences are created. No affordable housing mitigation shall be required. If more than one (1) free-market residence is created, the additional units shall be reviewed pursuant to Section 26.470.100.I. If more than two (2) vacation residences are created, the additional units shall be reviewed pursuant to Section 26.470.100(K) Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 39 of 93 D. Minor enlargement of an historic landmark for commercial, lodge or mixed-use development. The enlargement of a property, structure or portion of a structure designated as an historic landmark for commercial, lodge or mixed-use development shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria. 1. If the development increases either floor area or net leasable space/lodge units, but not both, then no employee mitigation shall be required. 2. If the development increases both floor area and net leasable space/lodge units, up to four (4) employees generated by the additional commercial/lodge shall not require the provision of affordable housing mitigation. This shall be cumulative. An expansion generating more than four (4) employees shall not qualify for this administrative review and shall be reviewed pursuant to Section 26.470.100.13. 3. No more than one (1) free-market residence is created. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 19, Series of 2014. E. Minor expansion of a commercial, lodge or mixed-use development. The minor enlargement of a property, structure, or portion of a structure for commercial, lodge or mixed-use development shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria. 1. The expansion involves no more than five-hundred (500) square feet of net leasable space, no more than two-hundred-fifty (250) square feet of Floor Area, and no more than two (2) additional hotel/lodge units. No employee mitigation shall be required. 2. The expansion involves no residential units. 3. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 19, Series of 2014. 26.470.100. Major Administrative applications. The following types of development shall be approved, approved with conditions or denied by the Community Development Director, pursuant to Section 26.470.060, Procedures for review. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.080. Except as noted, all Major Administrative growth management approvals shall be deducted from the respective annual development allotments. Approvals apply cumulatively. A. Alley stores. The expansion or conversion of an existing commercial or mixed-use building, or portion thereof, or the development of a new commercial or mixed-use building to accommodate a storefront along an alleyway shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 40 of 93 1. The commercial space or spaces shall be no greater than six hundred (600) gross square feet per space, including storage and other non-leasable space, and shall have no internal connection to any other space. Multiple spaces may be created. 2. The commercial space shall not reduce the property's utility/trash/recycle service area requirement unless such reduction is approved pursuant to Chapter 12.10 of the Municipal Code. 3. Alley stores that front entirely on an alleyway with no fenestration or direct access along a primary street shall not require the provision of affordable housing, and shall not be deducted from the annual development allotments. B. Enlargement of an historic landmark for commercial, lodge or mixed-use development. The enlargement of an historic landmark building for commercial, lodge or mixed-use development shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: 1. Up to four (4) employees generated by the additional commercial/lodge development shall not require the provision of affordable housing. Thirty percent (30%) of the employee generation above four (4) and up to eight (8) employees shall be mitigated through the provision of affordable housing, affordable housing certificates, or cash in lieu thereof. Sixty percent (60%) of the employee generation above eight (8) employees shall be mitigated through the provision of affordable housing, affordable housing certificates, or cash in lieu thereof. For example: A project generating 15 employees shall require employee mitigation for a total of 5.4 employees, as follows: First 4 employees = 0 employee mitigation Second 4 employees mitigated at = 1.2 employees 30% Remaining 7 employees mitigated = 4.2 employees at 60% Affordable housing shall be approved pursuant to Section 26.470.080.D, Affordable Housing Mitigation. 2. Up to one (1) free-market residence may be created pursuant to Section 26.470.090.E, Minor enlargement of an historic landmark for commercial, lodge or mixed-use development. This shall be cumulative and shall include GMQS approvals granted prior to the adoption of Ordinance No. 19, Series of 2014. Additional free-market units (beyond one [1]) shall be reviewed pursuant to Section 26.470.100.1, New free-market residential units within a multi-family or mixed-use project. C. Change in use. A change in use of an existing property, structure or portions of an existing structure between the development categories identified in Table 1 of Section 26.470.020 (irrespective of direction) and shall be approved by the Community Development Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 41 of 93 Director based on the general requirements outlined in Section 26.470.080. No more than one (1) free-market residential unit and no more than two (2) vacation residences may be created through the change in use. D. Expansion of free-market residential units or vacation residences within a multi- family or mixed-use project. The net livable area expansion after demolition of existing free- market residential units or vacation residences within a multi-family or mixed-use project, shall be approved, approved with conditions or denied by the Community Development Director based on the general requirements outlined in Section 26.470.080. The remodeling or expansion of existing multi-family residential dwellings shall be exempt from growth management as long as no demolition occurs, pursuant to Section 26.470.070.C. Expansion of existing free-market residential units or vacation residences shall not require a development allotment. E. Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Community Development Director based on the general requirements outlined in Section 26.470.080. F. Demolition of affordable housing units: In the event a project proposes to demolish, remove a deed-restriction, displace, or redevelop existing deed-restricted affordable housing units, the applicant shall provide replacement housing consisting of no less than one hundred percent (100%) of the number of employees (FTEs) housed, pursuant to the schedule in Section 26.470.050.D, Employees Housed. The applicant may increase or decrease the number of units, bedrooms or net livable area such that there is no decrease in the total number of FTEs housed by the existing units. The affordable housing may be provided through the construction of new affordable housing units on the same parcel, on a different parcel, or through the deed restriction of off-site residences from free-market to affordable housing. The new affordable housing units shall be constructed within City Limits, unless otherwise approved through Section 26.470.110.B. The provision of Affordable Housing Credits may only be accepted to mitigate a fraction of a unit and shall be approved pursuant to Section 26.470.080.D.5, Affordable housing. Provision of cash-in-lieu to meet this requirement is prohibited. The replacement unit types shall be acceptable to the Aspen/Pitkin County Housing Authority. Changes in the Category designation of the units may be approved by the City Council upon a recommendation by the Aspen/Pitkin County Housing Authority. The replacement housing shall not be used to meet any other mitigation requirement of this Title. G. Demolition of free-market multi-family housing. To ensure the continued vitality of the community and a critical mass of local working residents, the combining, demolition, conversion or redevelopment of free-market multi-family housing shall be approved, approved with conditions or denied by the Community Development Director based on compliance with the following requirements (Also see definition of demolition.): 1. Replacement Options. The application must comply with one of the following replacement options: Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 42 of 93 a. One-hundred-percent replacement on-site as Category 4 Affordable Housing. In the event of the demolition of free-market multi-family housing, the applicant shall have the option to construct replacement housing consisting of no less than one hundred percent (100%) of the number of employees (FTEs) housed, pursuant to the schedule in Section 26.470.050.D, Employees Housed. The replacement unit types shall be acceptable to the Aspen/Pitkin County Housing Authority and shall be developed on the same parcel. The replacement units shall be deed-restricted as Category 4 affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Section 26.470.080.D.5. When this one-hundred-percent standard is accomplished, the remaining development on the site may be free-market residential development with no additional affordable housing mitigation required. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Section 26.470.100.I, New free-market residential units within a multi-family or mixed-use development. b. Fifty percent replacement on- or off-site as Category 2 affordable housing. In the event of the demolition of free-market multi-family housing, the applicant shall have the option to construct replacement housing consisting of no less than fifty percent (50%) of the number of employees (FTEs) housed, pursuant to the schedule in Section 26.470.050.D, Employees Housed. The required housing shall be deed-restricted as Category 2 affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. The affordable housing may be provided through the construction of new affordable housing units on the same parcel, on a different parcel, through the deed restriction of off-site residences from free-market to affordable housing, or through the provision of Affordable Housing Credits. Provision of replacement units shall be approved pursuant to Section 26.470.100.E, Affordable housing. Provision of Affordable Housing Credits shall be reviewed pursuant to Chapter 26.540 Certificate of Affordable Housing Credit. The affordable housing units shall be constructed within City Limits, unless otherwise approved through Section 26.470.110.B. When this fifty-percent standard is accomplished, the parcel may be redeveloped according to the allowances and limitations of this Title, including this Chapter. A credit for the previous Floor Area, net livable area, and number of free-market residences shall be applied to the new development's growth management and mitigation requirements. New free-market units in excess of the number originally on the parcel shall be reviewed pursuant to Section 26.470.100.I, New free-market residential units within a multi-family or mixed-use project. 2. Developing excess affordable housing for Credit. Affordable housing developed in excess of the requirements of this Section shall be eligible for a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540 Certificate of Affordable Housing Credit. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 43 of 93 3. Cash-in-lieu Prohibited. The requirements of this Section may not be met through a cash-in- lieu payment. 4. Timing requirement. Any replacement units required to be deed-restricted as affordable housing shall be issued a certificate of occupancy, according to the Building Department, and be available for occupancy at the same time as, or prior to, any redeveloped free-market units, regardless of whether the replacement units are built on site or off site. A Certificate of Affordable Housing Credit shall be extinguished prior to issuance of a building permit. 5. Development agreement. The applicant and the City shall enter into a development agreement, pursuant to Section 26.490.050 Approval Documents — Development Agreements, that specifies the manner in which the applicant shall adhere to the approvals granted pursuant to this Section and penalties for noncompliance. The agreement shall be recorded before an application for a demolition permit may be accepted by the City. 6. Growth management allotments. The existing number of free-market residential units, prior to demolition, may be replaced exempt from growth management, provided that the units conform to the provisions of this Section. The redevelopment credits shall not be transferable separate from the property. Any free market residential development rights remaining after redevelopment shall be considered void. 7. Exemptions. The Community Development Director shall exempt from the procedures and requirements of this Section the following types of development involving Multi-Family Housing Units. An exemption from these replacement requirements shall not exempt a development from compliance with any other provisions of this Title: a. The replacement of Multi-Family Housing Units after non-willful demolition such as a flood, fire, or other natural catastrophe, civil commotion, or similar event not purposefully caused by the land owner. The Community Development Director may require documentation be provided by the landowner to confirm the damage to the building was in-fact non-willful. To be exempted, the replacement development shall be an exact replacement of the previous number of units, bedrooms, and square footage and in the same configuration. The Community Development Director may approve exceptions to this exact replacement requirement to accommodate changes necessary to meet current building codes; improve accessibility; to conform to zoning, design standards, or other regulatory requirements of the City; or, to provide other architectural or site planning improvements that have no substantial effect on the use or program of the development. (Also see Chapter 26.312— Nonconformities.) Substantive changes to the development shall not be exempted from this Section and shall be reviewed as a willful change pursuant to the procedures and requirements of this Section. b. The demolition of Multi-Family Housing Units by order of a public agency including, but not limited to, the City of Aspen for reasons of preserving the life, health, safety, or general welfare of the public. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 44 of 93 c. The demolition, combining, conversion, replacement, or redevelopment of Multi-Family Housing Units which have been used exclusively as tourist accommodations or by non- working residents for the past ten (10) years. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident within the timeframes above. All other requirements of this Title shall still apply including zoning, growth management, and building codes. d. The demolition, combining, conversion, replacement, or redevelopment of Multi-Family Housing Units which were illegally created (also known as "Bandit Units" or "Pirate Units"). Any improvements associated with Bandit Units shall be required to conform to current requirements of this Title including zoning, growth management, and building codes. Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to deed restrict at a lower level. e. Any development action involving demising walls or floors/ceilings necessary for the normal upkeep, maintenance, or remodeling of adjacent Multi-Family Housing Units. £ A change order to an issued and active building permit that proposes to exceed the limitations of remodeling/demolition to rebuild portions of a structure which, in the opinion of the Community Development Director, should be rebuilt for structural, safety, accessibility, or significant energy efficiency reasons first realized during construction, which were not known and could not have been reasonably predicted prior to construction, and which cause no or minimal changes to the exterior dimensions and character of the building. H. Expansion or new commercial development. The expansion of an existing commercial building or commercial portion of a mixed-use building or the development of a new commercial building or commercial portion of a mixed-use building shall be approved, approved with conditions or denied by the Community Development Director based on general requirements outlined in Section 26.470.080. I. New free-market residential units within a multi-family or mixed-use project. The development of new free-market residential units within a multi-family or mixed-use project shall be approved, approved with conditions or denied by the Community Development Director based on the general requirements outlined in Section 26.470.080. J. Expansion or new lodge development. The expansion of an existing lodge or the development of a new lodge shall be approved, approved with conditions or denied by the Community Development Director based on the general requirements outlined in Section 26.470.080 and the following criteria: 1. If the project contains less than one (1) lodge and vacation residence unit per seven hundred and fifty (750) square feet of net lot area, the following affordable housing mitigation standards shall apply: Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 45 of 93 a) Affordable housing net livable area equaling thirty percent (30%) of the additional free-market residential net livable area. b) Sixty percent (60%) of the employees generated by the additional lodge, timeshare lodge, exempt timeshare units and associated commercial development, according to Section 26.470.050.13, Employee generation rates, shall be mitigated through the provision of affordable housing. 2. If the project contains a minimum of one (1) lodge and vacation residence unit per seven hundred and fifty (750) square feet of net lot area, the following affordable housing mitigation standards shall apply. Expansions shall be cumulative. Number of New Affordable Housing Unit Lodge Units Requirement Up to 2 Units No Requirement 3—10 Units 1.8 FTEs 11—25 Units 3.96 FTEs 26-50 Units 9.36 FTEs 51+ Units 18.36 FTEs K. New vacation residences within a multi-family or mixed-use project. The development of new vacation residences within a multi-family or mixed-use project shall be approved, approved with conditions or denied by the Community Development Director based on the general requirements outlined in Section 26.470.080. L. Residential development — sixty percent (60%) affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty percent (60%) of the additional units and thirty percent(30%) of the additional floor area is affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: 1. A minimum of sixty percent (60%) of the total additional units and thirty percent (30%) of the project's additional floor area shall be affordable housing. Multi-site projects are permitted. Affordable housing units provided shall be approved pursuant to Section 26.470.100.E, Affordable Housing, and shall average Category 4 rates as defined in the Aspen/Pitkin County Housing Authority Guidelines. 2. If the project consists of only one (1) free-market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent (30%) of the project's total floor area and deed-restricted as a Category 4 "for sale" unit, according to the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 46 of 93 M. Residential development — seventy percent (70%) affordable. The development of a residential project or an addition to an existing residential project, in which seventy percent (70%) of the project's additional units and seventy percent (70%) of the project's additional bedrooms are affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: 1. Seventy percent (70%) of the total additional units and total additional bedrooms shall be affordable housing. At least forty percent (40%) of the units shall average Category 4 rates as defined in the Aspen/Pitkin County Housing Authority Guidelines. The remaining thirty-percent (30%) affordable housing unit requirement may be provided at any category, including Resident Occupied (RO) units as defined in the Aspen/Pitkin County Housing Authority Guidelines. Multi-site projects are permitted. Affordable housing units provided shall be approved pursuant to Section 26.470.100.E, Affordable Housing. 2. If the project consists of one (1) free-market residence, then the provision of one (1) RO residence and one (1) category residence shall be considered meeting the seventy-percent unit standard. If the project consists of two (2) free-market residences, then the provision of two (2) RO residences and two (2) category residences shall qualify. Sec. 26.470.110. City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.060, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.080. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments. A. Multi-year development allotment. The City Council, upon a recommendation from the Planning and Zoning Commission, shall approve, approve with conditions or deny a multi- year development allotment request based on the following criteria: 1. A project is required to meet at least four(4) of the following criteria. a) The proposal exceeds the minimum affordable housing required for a standard project. b) The project represents an excellent historic preservation accomplishment. A recommendation from the Historic Preservation Commission shall be considered for this standard. c) The proposal furthers affordable housing goals by providing units established as priority through the current Aspen/Pitkin County Housing Authority Guidelines and provides a desirable mix of affordable unit types, economic levels and lifestyles (e.g., singles, seniors, families, etc.). A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 47 of 93 d) The proposal minimizes impacts on or improves public infrastructure by incorporating innovative design techniques. Recommendations from relevant departments shall be considered for this standard. For example, if an applicant proposed an innovative design related to the stormsewer system, a recommendation from the Engineering Department shall be considered. e) The proposal minimizes construction impacts beyond the minimum requirements both during and after construction. A recommendation from the Engineering and Building Departments shall be considered for this standard. f) The proposal maximizes potential public transit usage and minimizes reliance on the automobile by exceeding the requirements in Section 26.630, Transportation Impact Analysis Guidelines. A recommendation from the Transportation and Engineering Departments shall be considered for this standard. g) The proposal exceeds minimum requirements of the Efficient Building Code or for LEED certification, as applicable. A recommendation from the Building Department shall be considered for this standard. h) The proposal represents a desirable site plan and an architectural design solution. i) If the project includes a lodge component it shall provide lodging rooms and amenities that sustain the long-term resort interest of the community, and provide a diversity of lodging options, including size and type of units. 3. The project complies with all other provisions of the Land Use Code and has obtained all necessary approvals from the Historic Preservation Commission, the Planning and Zoning Commission and the City Council, as applicable. 4. The Community Development Director shall be directed to reduce the applicable annual development allotments, as provided in Section 26.470.120, in subsequent years as determined appropriate by the City Council. B. Provision of required affordable housing units outside City limits. The provision of affordable housing either required as mitigation by this Chapter or for the creation of Certificates of Affordable Housing Credit, with units to be located outside the City boundary, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: 1. The off-site housing is within the Aspen Urban Growth Boundary. 2. The proposal furthers affordable housing goals by providing units established as priority through the current Aspen/Pitkin County Housing Authority Guidelines and provides a desirable mix of affordable unit types, economic levels and lifestyles (e.g., singles, seniors and families). A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. 3. The applicant has received all necessary approvals from the governing body with jurisdiction of the off-site parcel. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 48 of 93 City Council may accept any percentage of a project's total affordable housing mitigation to be provided through units outside the City's jurisdictional limits, including all, some, or none. C. Provision of required affordable housing via a cash-in-lieu payment. The provision of affordable housing equal to or in excess of one (1) residential unit, as required by Chapter 26.470, Growth Management, via a cash-in-lieu payment, upon a recommendation from the Planning and Zoning Commission shall be approved, approved with conditions or denied by the City Council based on the following criteria: 1. The provision of affordable housing on site (on the same site as the project requiring such affordable housing) is impractical given the physical or legal parameters of the development or site or would be inconsistent with the character of the neighborhood in which the project is being developed. 2. The applicant has made a reasonable good-faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units or the deed restriction of existing dwelling units to affordable housing status. 3. The proposal furthers affordable housing goals, and the cash-in-lieu payment will result in the near-term production of affordable housing units. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a cash-in-lieu payment, including all, some or none. Unless otherwise required by this Title, the provision of affordable housing via a cash-in-lieu payment for a fraction of a dwelling unit shall not require City Council approval. D. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: 1. The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. 2. The Planning and Zoning Commission shall determine the number of employees generated by the essential public facility pursuant to Section 26.470.050.C, Employee generation review. 3. Upon a recommendation from the Community Development Director and the Planning and Zoning Commission, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. E. Preservation of significant open space parcels. On a project-specific basis and upon a recommendation from the Planning and Zoning Commission, the City Council shall approve, approve with conditions or deny development of one (1) or more residences in exchange for the permanent preservation of one (1) or more parcels considered significant for the preservation of Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 49 of 93 open space. The preservation parcel may lie outside the City jurisdiction. The exempted residential units shall be deducted from the respective annual development allotment established pursuant to Section 26.470.040.B. The exempted residential units shall provide affordable housing mitigation, pursuant to the requirements of Section 26.470.100.E. This exemption shall only apply to the specific residences approved through this provision. Other residences within a project not specifically exempted through this provision shall require growth management approvals pursuant to this Chapter. The criteria for determining the significance of a preservation parcel and the associated development rights to be granted may include: 1. The strategic nature of the preservation parcel to facilitate park, trails or open space objectives of the City. This shall include a recommendation from the City of Aspen Open Space Acquisition Board. 2. Identification of the preservation parcel as desirable for preservation in any adopted master plans of the City. 3. Proximity and/or visibility of the preservation parcel to the City. 4. The development rights of the preservation parcel, including the allowed uses and intensities and impacts associated with-those uses if developed to the maximum. 5. The proposed location of the parcel being granted growth management approvals and the compatibility of the resulting uses and intensities of development with the surrounding neighborhood, including the impacts from the specified method of providing affordable housing mitigation. The new residences shall be restricted to the underlying zoning restrictions of the property on which they lie unless additional restrictions are necessary in order to meet this criterion. 6. The preservation parcel shall be encumbered with a legal instrument, acceptable to the City Attorney, which sterilizes the parcel from further development in perpetuity. F. Reduction in lodge units. The reduction of units in an existing lodge shall be reviewed pursuant to the standards listed below. Review shall be by City Council pursuant to Section 26.470.060(C) Step Two. Properties ceasing all lodging operations shall not be subject to this review. Physical changes to the property may be required for compliance with zoning Imitations. a. The project shall comply with the review standards outlined in Section 26.430.040(J), Special Review—Lodge Units & Vacation Residences. b. The proposed reduction will likely result in a product that meets customer demand. The lodge may provide documentation to indicate their targeted consumer's lodging expectations. c. The proposed reduction will not likely result in the property being used as a private residence. The city may request assurances that the lodge is not being converted to a private home. 26.470.120. Yearly Growth management accounting procedures. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 50 of 93 A. General. The Community Development Director shall maintain an ongoing account of available, requested and approved growth management allocations for all land uses identified in Table 1 of Section 26.470.020. Allotments shall be considered allocated upon issuance of a development order for the project. Unless specifically not deducted from the annual development allotment, all units of growth shall be included in the accounting. Approved affordable housing units shall be counted regardless of the unit being provided as mitigation or otherwise. B. Yearly Allotment Carry-Forward Procedures. At the conclusion of each growth management session and year, the Community Development Director shall prepare a summary of growth allocations. The City Council, at its first regular meeting of the growth management year, shall review the prior year's growth summary, consider a recommendation from the Community Development Director, and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment. A public hearing is not required and this action may be completed as part of City Council's consent calendar. The City Council may carry forward any portion of the previous year's unused allotment, including all or none. The City Council may consider the following criteria in determining the allotments to be carried forward: 1. The community's growth rate over the preceding five-year period. 2. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built. There is no limit, other than that implemented by the City Council, on the amount of potential growth that may be carried forward to the next year. Any allotments awarded to a project which does not proceed and which are considered void shall constitute unused allotments and may be considered for allotment roll-over by the City Council for the year from which they were assigned. If a project decides not to proceed with the development after Council's decision on roll-over allotments for that year, then those allotments shall be considered expired and no longer available. Allotments shall be considered vacated by a property owner upon written notification from the property owner or upon expiration of the development right pursuant to Section 26.470.040.D, Expiration of growth management allotments. 26.470.130. Application contents. Applications for growth management shall include the following: A. The general application information required in Common development review procedures, Chapter 26.304. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 51 of 93 B. A site-improvement survey meeting the requirements of Title 29, Engineering Design Standards. C. A description of the project and the number and type of the requested growth management allotments. D. A detailed description and site plan of the proposed development, including proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, site drainage and any associated off-site improvements. E. A description of the proposed affordable housing and how it provides adequate mitigation for the project and conforms to the Aspen/Pitkin County Housing Authority Guidelines. F. A statement specifying the public facilities that will be needed to accommodate the proposed development, proposed infrastructure improvements and the specific assurances that will be made to ensure that the public facilities will be available to accommodate the proposed development. G. A written response to each of the review criteria for the particular review requested. H. Copies of relevant previous approvals from the Planning and Zoning Commission, Historic Preservation Commission and the City Council. 26.470.140. Reconstruction limitations. A. An applicant may propose to demolish and then delay the reconstruction of existing development for a period not to exceed one (1) year. To comply with this limitation and maintain the reconstruction credit, an applicant must submit a complete building permit application for reconstruction on or before the one-year anniversary of the issuance date of the demolition permit. The City Council may extend this deadline upon demonstration of good cause. This time limitation shall not apply to the reconstruction of single-family and duplex development. B. Applicants shall verify existing conditions prior to demolition with the City Zoning Officer in order to document reconstruction rights. An applicant's failure to accurately document existing conditions prior to demolition and verify reconstruction rights with the City Zoning Officer may result in a loss of some or all of the reconstruction rights. C. Reconstructed buildings shall comply with applicable requirements of the Land Use Code, including but not limited to Chapter 26.312, Nonconformities, and Chapter 26.710, Zone Districts. D. Reconstruction rights shall be limited to reconstruction on the same parcel or on an adjacent parcel under the same ownership. E. Residential redevelopment credits may be converted to lodge redevelopment credits by the Community Development Director. The conversion rate shall be one (1) residential unit per Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 52 of 93 five (5) lodge units. This is a one-way conversion, and lodge credits may not be converted to residential credits. 26.470.150. Amendment of a growth management development order. A. Insubstantial amendment. An insubstantial amendment to an approved growth management development order may be authorized by the Community Development Director i£ 1. The change conforms to all other provisions of the Land Use Code and does not exceed approved variations to the residential design standards, require an amendment to the commercial design review approval, or such variations or amendments have been approved. 2. The change does not alter the number, size, type, or deed restriction of the proposed affordable housing units, or those changes have been accepted by the Aspen/Pitkin County Housing Authority. 3. The change is limited to technical or engineering considerations discovered prior to or during actual development that could not reasonably be anticipated during the review process or any other minor change that the Community Development Director finds has no substantial effect on the conditions and representations made during the original project review. B. Substantial amendment. All other amendments to an approved growth management development order shall be reviewed pursuant to the terms and procedures of this Chapter. Allotments granted shall remain valid and applied to the amended application, provided that the amendment application is submitted prior to the expiration of vested rights. Amendment applications requiring additional allotments or allotments for different uses shall obtain those allotments pursuant to the procedures of this Chapter. Any new allotments shall be deducted from the growth management year in which the amendment is submitted. 26.470.160. Appeals. A. Appeal of adverse determination by Community Development Director. An appeal made by an applicant aggrieved by a determination made by the Community Development Director on an application for administrative review shall be to the Planning and Zoning Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The Planning and Zoning Commission may reverse, affirm or modify the decision or determination of the Community Development Director based upon the application submitted to the Community Development Director and the record established by the Director's review. The decision of the Planning and Zoning Commission shall constitute the final administrative action on the matter. B. Insufficient development allotments. Any property owner within the City who is prevented from developing a property because that year's development allotments have been entirely allocated may appeal to the City Council for development approval. An application requesting allotments must first be denied due to lack of necessary allotments. The appeal procedures set forth at Chapter 26.316 shall apply. The City Council may take any such action determined necessary, including but not limited to making a one-time increase of the annual development allotment sufficient to accommodate the application. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 53 of 93 Section 6: The following definitions in Section 26.104.100, Definitions, shall be deleted: Dwelling, Residential multi family housing, Rooming house, and Timeshare lodge. Section 7: The following definitions in Section 26.104.100, Definitions, shall be amended and added as follows: Affordable housing. A dwelling unit or units subject to the size, type, rental, sale and occupancy restrictions and guidelines for affordable housing adopted by the City as part of the Affordable Housing Guidelines and Chapter 26.470, Growth Management Quota System. Aspen community growth boundary. Same as Aspen metropolitan (metro) boundary and the Urban Growth Boundary. Aspen metropolitan (metro) boundary. That geographic area described and illustrated in the Aspen Area Community Plan, as amended from time to time, encompassing both the City and its environs. (Also known as the Urban Growth Boundary and Aspen community growth boundary). Bed and breakfast. A single-family dwelling used as a lodging establishment for temporary overnight guests, other than a hotel or lodge, and which contains no more than twelve (12) guest rooms and is operated by an on-site resident manager or owner. This shall include all uses formerly known as boardinghouses and rooming houses. The dimensions for a bed and breakfast shall meet those for a single-family home in the zone district, unless otherwise established in the zone district. Occupancy periods by any one (1) person or entity with an ownership interest in the bed and breakfast or units thereof, shall not exceed thirty (30) consecutive days or exceed ninety (90) days within any calendar year, regardless of the form of ownership. Occupancy periods for person or entities with no ownership interested (e.g. vacationers) shall be limited only by the (90) ninety-days per calendar year requirement. These occupancy limitations shall not apply to an on-site manager or operator. Density. The number of dwelling units, bedrooms, vacation residence units, or lodge units per unit of land. Dwelling, attached residential. A residential Dwelling Unit which is physically connected to one or more other dwellings or uses in either an over-and-under or side-by-side configuration with common unpierced demising walls or floors/ceilings as applicable. Dwelling, detached residential. A residential structure consisting of a single Dwelling Unit with open yards on all sides, excluding mobile homes. Also known as a Single-Family Home or a Single-Family Residence. Dwelling, duplex. A residential building on a single lot or parcel comprised of two (2) attached Dwelling Units in either an over-and-under or side-by-side configuration having a common unpierced above-grade wall of at least one (1) story in height and ten (10) feet in length, or a common unpierced wall or floor/ceiling as applicable. Historic properties may provide the Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 54 of 93 common unpierced connection below-grade, provided it is at least one (1) story in height and ten (10) feet in length. Each unit in the duplex shall contain no less than twenty-five percent (25%) of the total floor area of the duplex structure. Dwelling, multi-family. A residential structure containing three (3) or more attached Dwelling Units in either an over-and-under or side-by-side configuration with common unpierced demising walls or floors/ceilings as applicable, not including hotels and lodges, but including townhomes, that may include accessory use facilities limited to an office, laundry, recreation facilities and off-street parking used by the occupants. One (1) or more Dwelling Units located within a Mixed-Use building shall also be considered a multi-family dwelling. The term "multi- family dwelling" also includes properties listed on the Aspen Inventory of Historic Landmark Sites and Structures consisting of three (3) or more Detached Residential Units. Dwelling unit. A structure or portion thereof, intended and used as a shelter in which a person, people, or a family reside and sleep which contains one kitchen, sleeping area(s), bathroom(s), which is designed for or used as an individual residence, and which has no internal connection to any other residential or non-residential unit or use. Also known as a Dwelling or a Residence. Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided and which has common reservation and cleaning services, combined utilities, and on-site management and reception services. Lodge units that have been timeshared (a.k.a. fractional) are considered hotels for the purposes of this Title. For hotels with flexible unit configurations, also known as "lock-off units," each rentable division or "key" shall constitute a lodge unit for the purposes of this Title. A minimum of five (5) units is required to be considered a hotel/lodge. Occupancy periods of a hotel or unit thereof, by any one (1) person or entity with an ownership interest in the hotel or units thereof, shall not exceed thirty (30) consecutive days or exceed ninety (90) days within any calendar year, regardless of the form of ownership. Occupancy periods for person or entities with no ownership interested (e.g. vacationers) shall be limited only by the (90) ninety-days per calendar year requirement. Lock-off unit — A lodge unit or vacation residence that may be divided into two (2) or more rentable units. Lock-offs are not permitted in Residential Dwelling Units. Lodge. Same as hotel. Lodging and Vacation Residence Incentive Program — The City of Aspen's voluntary program designed to encourage lodging and short-term rental products catering to overnight stays by tourists. See Chapter 26.595, Lodging and Vacation Residence Incentive Program. Long term. The occupancy of a dwelling unit or vacation residence for residential purposes for a consecutive time period greater than thirty (30) days. Mixed-use. The use of land or a structure for more than one (1) of the following land uses: Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 55 of 93 Commercial, which shall include retail and restaurant uses, neighborhood commercial uses, office uses, service uses, service commercial industrial uses, food market and commercial parking facilities, but which shall exclude agricultural uses and artist studios. Residential, which shall include detached dwelling, attached dwelling, single-family dwelling, duplex dwelling, multi-family dwelling, manufactured home, free-market residence, affordable housing, employee housing, group home, dormitory, accessory dwelling unit and carriage house. Lodging, which shall include hotel, timeshare lodge, timesharing of residences, and vacation residences, but shall exclude bed and breakfast. Civic, which shall include arts, cultural and civic uses; child care center; essential public facilities; recreational use and public uses; but shall exclude open space, open use recreation site. Accessory uses, temporary uses and the ownership of property by a nonprofit organization that is not used as set forth above shall not qualify a property or structure as mixed-use. Residential use. Used or intended for use exclusively for dwelling purposes, but not including hotels, lodges, or vacation residences. Short-term. The occupancy of a hotel, lodge unit, vacation residence, or vacation rental for a consecutive time period equal to or less than thirty (30) days in duration. Timeshare lodge, development or unit. A development, building, lodge, lodge unit, vacation residence, or dwelling unit the title to which has been, divided either into interval estates or time- span estates as defined at Section 38-33-110, C.R.S., as may be amended from time to time, and that has been approved pursuant to Chapter 26.590, Timeshare Development. Timeshare use. A contractual or membership right of occupancy (which cannot be terminated at the will of the owner) for life or for a term of years, to the recurrent and exclusive use or occupancy of a dwelling unit, lodge unit, or vacation residence on some periodic basis for a set period of time that has been allotted from use or occupancy periods into which the unit has been divided. Urban Growth Boundary. Same as Aspen metropolitan (metro) boundary and the Aspen community growth boundary. Vacation rental. The short term occupancy of a residential dwelling unit by the general public for a fee. A vacation rental shall not include the rental of individual rooms within a residential dwelling unit. See Section 26.575.220 Vacation Residence — An individual dwelling unit within a multi-family, mixed-use, or lodge project that allows periodic overnight short-term rental to the general public for a fee. A Vacation Residence may be occupied by an owner or owner's guest for no more than six (6) Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 56 of 93 months in any calendar year. The unit shall be available for short-term rentals to the general public for at least six (6) months in any calendar year. Section 8: Section 26.710.090, Residential Multi-Family (RMF), shall be amended as follows: 26.710.090 Residential Multi-Family (RMF). A. Purpose. The purpose of the Residential Multi-Family(RMF) Zone District is to provide for the use of land for intensive long-term residential purposes, vacation residences, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi-Family (RMF) Zone District are typically those found in the Aspen infill area, within walking distance of the center of the City or lands on transit routes and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential Multi- Family (RMF) Zone District: 1. Detached residential dwelling. 2. Two (2) detached residential dwellings. 3. Duplex dwelling. 4. Multi-family dwellings. Lock-off unit accessory to a residence is prohibited. 5. Vacation Residences; lock-off unit accessory to a vacation residence 6. Home occupations. 7. Accessory buildings and uses. 8. Dormitory. 9. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 10. Vacation Rentals. Pursuant to Section 26.575.220 11. Timesharing of residences and vacation residences pursuant to Chapter 26.590. C. Conditional uses. The following uses are permitted as conditional uses in the Residential Multi-Family (RMF) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. For historic landmark properties: bed and breakfast. 2. Arts, cultural and civic uses. 3. Academic uses. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 57 of 93 4. Recreational uses. 5. Group home. 6. Child care center. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential Multi-Family (RMF) Zone District: 1. Minimum Gross Lot Area(square feet): 6,000. 3,000 for historic landmark properties. 2. Minimum Net Lot Area per dwelling square feet): a. Detached residential dwelling: 4,500. 3,000 for historic landmark properties. b. Duplex dwelling unit: 4,500. 3,000 for historic landmark properties. c. All other uses: No requirement. 3. Minimum lot width(feet): sixty (60). For historic landmark properties: thirty (30). 4. Minimum front yard setback(feet): a. Detached residential, duplex dwellings, Bed and Breakfast: Same as R-6 Zone District. b. Multi family and Vacation Residence projects: five (5). c. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child care center: Same as R-6 Zone District allowance for a detached residence. 5. Minimum side yard setback(feet): a. Detached residential, duplex dwellings, Bed and Breakfast: same as R-6 Zone District. b. Multi family and Vacation Residence projects: five (5). c. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child care center: Same as R-6 Zone District allowance for a detached residence. 6. Minimum rear yard setback(feet): a. Detached residential, duplex dwellings, Bed and Breakfast: same as R-6 Zone District. b. Multi family and Vacation Residence projects: five (5). c. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child care center: Same as R-6 Zone District allowance for a detached residence. 7. Minimum utility/trash/recycling area: Pursuant to Chapter 12.10 — Space Allocation for Trash and Recycling Storage. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 58 of 93 8. Maximum height (according to density) (feet): Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the following maximum heights may not be achievable in all situations and are not an entitlement. For density incentives, vacation residence "lock-offs" shall not be counted as individual units. Height may not be otherwise established through a Planned Development Review. a. Detached residential, duplex dwellings, Bed and Breakfast: same as R-6 Zone District. b. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child care center: Same as R-6 Zone District allowance for a detached residence. c. Multi family and Vacation Residence projects with less than one (1) residential or vacation unit per ],250 square feet of Net Lot Area: twenty-five (25). d. Multi family and Vacation Residence projects with one (1) or more residential or vacation units per ],250 square feet of Net Lot Area: thirty-two (32). e. Multi family and Vacation Residence projects within the Aspen Infill Area with one (1) or more residential or vacation units per 750 square feet of Net Lot Area: 36 feet. 9. Minimum distance between buildings on the lot (feet): a. Detached residential, duplex dwellings, Bed and Breakfast: same as R-6 Zone District. b. Multi family: No requirement. (Building and Fire Codes may apply.) c. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child care center: Same as R-6 Zone District allowance for a detached residence. 10. Public amenity pace: Pursuant to Section 26.575.030. 11. Floor area ratio (FAR). Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the following maximum floor area ratios may not be achievable in all situations and are not an entitlement. For density incentives, vacation residence "lock-offs" shall not be counted as individual units. a. Detached residential, duplex dwellings, Bed and Breakfast: Seventy-five percent (75%) of the allowable floor area of an equivalent-sized lot located in the R-6 Zone District. (See Section 26.710.040, R-6 Zone District.) City historic transferable development rights shall not permit additional floor area for detached residential and duplex dwellings. b. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child care center: Same as R-6 Zone District for a detached residence. c. Multi family and Vacation Residence projects with less than one (1) residential or vacation residence per ],250 square feet of Net Lot Area: 0.75:1. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 59 of 93 d. Multi family and Vacation Residence projects with one (1) or more residential or vacation residence per ],250 square feet of Net Lot Area: 1.25:1. e. Multi family and Vacation Residence projects within the Aspen Infill Area with one (1) or more residential or vacation residence per 750 square feet of Net Lot Area: 1.75:1. 12. Maximum multi-family dwelling and vacation unit size (square feet): For properties in the Aspen infill area: 1,500 square feet of net livable area. For properties outside the Aspen infill area: 2,000 square feet of net livable area. This limitation applies to each individual unit (not an average size of the units). When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. a. The property owner may increase individual unit size by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1) The transfer ratio is 1,000 square feet of net livable area for each certificate that is extinguished. See Chapter 26.535 for the procedures for extinguishing certificates. 2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable for any one unit is 2,500 square feet of net livable area in the Aspen infill area and 3,000 square feet of net livable area outside the Aspen infill area. 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. 4) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to Special Review, pursuant to Chapter 26.430. 5) Maximum unit size for free-market residential dwelling units and vacation units may not be otherwise established for a project through a Planned Development review. Section 9: Section 26.710.100, Residential Multi-Family-A (RMFA), shall be amended as follows: Subsection 26.710.100(B)(9), "For historic properties: bed and breakfast" shall be deleted and moved to become Subsection 26.710.100(C)(1). All other subsections in 26.710.100(B) and 26.710.100(C) shall be renumbered. "Bed and breakfast" shall be added to the following Subsections: 26.710.100(D)(4)(a), (5)(a), (6)(a), (7)(a), and (8)(a). These subsections shall read "Detached residential and duplex dwellings, and Bed and Breakfast: Same as R-6 Zone District limitations for a single-family dwelling." Section 26.710.100(D)(10)(a) shall be deleted and all subsequent sections shall be renumbered. Section 26.7 10.1 00(D)(1 0)(b) shall be renumbered as 26.710.100(13)(10)(a)and amended to state: "New or replacement after demolition detached residential and duplex dwellings, and Bed and Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 60 of 93 Breakfast: Seventy-five percent (75%) of the allowable floor area of an equivalent-sized lot located in the R-6 Zone District. (See Section 26.710.040, R-6 Zone District.) City historic transferable development rights shall not permit additional floor area for detached residential and duplex dwellings." A new subsection, 26.710.100(D)(11) shall be amended to state: 11. Maximum multi-family unit size (square feet): For properties in the Aspen infill area: 1,500 square feet of net livable area. For properties outside the Aspen infill area: 2,000 square feet of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1. The transfer ratio is 1,000 square feet of net livable area for each certificate that is extinguished. See Chapter 26.535 for the procedures for extinguishing certificates. 2. The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 square feet of net livable area for properties within the Aspen infill area and 3,000 square feet of net livable area for properties outside the Aspen infill area. 3. This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the floor area ratio (FAR) of the lot. 4. Maximum unit size may not be otherwise established for a project through a Planned Development review. Section 10: Section 26.710.140, Commercial Core (CC), shall be amended as follows: 26.710.140 Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed-use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, hotel/lodging, affordable housing, and short term vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. New free-market residential uses and expansions of existing free-market residential uses are not permitted. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on the ground floor: Retail and restaurant uses; neighborhood commercial uses; service uses; arts, cultural and civic uses; public uses, recreational uses; academic uses; child care center; uses and building elements necessary and incidental to uses Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 61 of 93 permitted on other floors. Hotel, Lodge uses, and lock-offs, only when the entire building is dedicated to hotel/lodge use and its accessory uses. Office uses are prohibited on the ground floor except within demised units that are independent of and not connected to retail/restaurant units, and that are set back a minimum of fifty (50) feet from a street. This prohibition shall not apply to split-level buildings (see definition) or properties north of Main Street. Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. 2. Uses allowed on all other floors: Retail and restaurant uses; neighborhood commercial uses; offices uses; service uses; hotel, lodge, and lock-offs; arts, cultural and civic uses; public uses, recreational uses; academic uses; child care center; affordable multi-family housing; accessory uses and structures; storage accessory to a permitted use; uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use; home occupations and vacation rentals in existing residential units and new affordable housing units. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Gasoline service station. 2. Commercial parking facility, pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: 1. Minimum Gross Lot Area(square feet): No requirement. 2. Minimum Net 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. 6. Minimum rear yard setback (feet): No requirement 7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.10— Space Allotment for Trash and Recycling Storage. 8. Maximum height(feet): Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the following maximum heights may not be achievable in all situations and are not an entitlement. Height may not otherwise be established through a Planned Development Review. a) For properties located on the south side of a Street: Twenty-Eight (28) feet for two story elements of a building. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 62 of 93 b) For properties located on the north side of a Street: Twenty-Eight (28) feet for two story elements of a building and Thirty-eight (38) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. Unconditioned deck space is permitted at 100% of the building footprint. The location of the third story is subject to commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. 9. Minimum floor heights: a) Minimum First Floor to Second Floor_floor-to floor: Thirteen(13) feet. b) Minimum Upper Floor-to-ceiling height: Nine (9) feet. c) Floor-to-Ceiling heights in upper floors shall be less than the floor-to-ceiling height of the first floor. 10. Minimum distance between buildings on the lot(feet): No requirement. 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the following maximum floor area ratios may not be achievable in all situations and are not an entitlement. a. Commercial uses: 2.5:1. b. Arts, cultural and civic uses,public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi family housing: No limitation other than the cumulative FAR limit stated above. d. Hotel, Lodge: 2.5:1 13. Maximum Hotel and Lodge Unit Size: 1,000 sq. ft. of net livable area for Hotel and Lodge units. This limitation applies to each individual unit(not an average size of the units). When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. a. The property owner may increase individual unit size by up to 1,000 square feet of net livable space through Special Review pursuant to Section 26.430.040(J). 1) The maximum individual unit size attainable by Special Review is 2,000 square feet of net livable area for any one Hotel or Lodge unit. 2) This incentive applies only to individual unit size. Special Review approval does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 63 of 93 3) Maximum unit size may not be otherwise established for a project through a Planned Development review 14. Commercial/residential ratio: The total residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. Section 11: Section 26.710.150, Commercial (C-1), shall be amended as follows: 26.710.150 Commercial (C-1). A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed-use buildings with commercial uses on the ground floor, and opportunities for affordable residential density, and vacation rentals on upper floors. The district permits a mix of retail, office, hotel/lodging, affordable housing, and short term vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the Commercial Core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines. New free-market residential uses and expansions of existing free- market residential uses are not permitted. B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, lodging uses and lock-offs accessory to a lodge, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use. Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. 2. Uses allowed on upper floors: Lodging, affordable multi-family housing, retail and restaurant uses, and home occupations and vacation rentals in existing residential units and new affordable housing units. Lock-offs accessory to a Hotel or Lodge. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. On the ground floor: Affordable multi-family housing, and home occupations. 2. Gasoline service station. 3. Commercial parking facility, pursuant to Section 26.515. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 64 of 93 D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area(square feet): No requirement. 2. Minimum Net 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. 6. Minimum rear yard setback (feet): No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.10— Space Allotment for Trash and Recycling Storage. 8. Maximum height:lt: Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. Height may not otherwise be established through a Planned Development Review. a. For properties located on the south side of a Street: Twenty-Eight (28) feet for two story elements of a building. b. For properties located on the north side of a Street: Twenty-Eight (28) feet for two-story elements of a building. Thirty-six (36)feet for three-story elements of a building, which may be increased to thirty-eight (38) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. Unconditioned deck space is permitted at 100% of the building footprint. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. 9. Minimum floor heights: a. Minimum First Floor to Second Floor floor-to floor height: Eleven(11) feet. b. Minimum Upper Floor floor-to-ceiling height: Nine (9) feet. c. Floor-to-Ceiling heights in upper floors shall be less than the floor-to-ceiling height of the first floor. 10. Minimum distance between buildings on the lot(feet): No requirement. 11. Public amenity pace: Pursuant to Section 26.575.030. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 65 of 93 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2.25:1. b. Arts, cultural and civic uses,public uses, recreational uses, academic uses, child care center and similar uses: 2:1. c. Affordable multi family housing: No limitation other than the cumulative FAR limit stated above. d. Hotel, Lodge: 2.25;1 13. Maximum Hotel and Lodge Unit Size: 1,000 sq. ft. of net livable area for Hotel and Lodge units. This limitation applies to each individual unit(not an average size of the units). When units are comprised of lock-off units,this maximum shall apply to the largest possible combination of units. a. The property owner may increase individual unit size by up to 1,000 square feet of net livable space through Special Review pursuant to Section 26.430.040(J). 1) The maximum individual unit size attainable by Special Review is 2,000 square feet of net livable area for any one Hotel or Lodge unit. 2) This incentive applies only to individual unit size. Special Review approval does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. 3) Maximum unit size may not be otherwise established for a project through a Planned Development review 13. Commercial/residential ratio: The total residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. Section 12: Section 26.710.170,Neighborhood Commercial (NC), shall be amended as follows: 26.710.170 Neighborhood Commercial(NC). A. Purpose. The purpose of the Neighborhood Commercial (NC) Zone District is to provide for the establishment of mixed-use buildings with commercial uses serving the daily or frequent needs of the surrounding neighborhood,thereby reducing traffic circulation and parking problems, to provide opportunities for affordable and free-market residential density, to support short term vacation rentals of residential units, to provide opportunities for lodges and vacation residence, and to provide a transition between the commercial core and surrounding residential neighborhoods. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 66 of 93 B. Permitted uses. The following uses are permitted as of right in the Neighborhood Commercial (NC) Zone District: 1. Uses allowed on upper floors: lodging, vacation residences, lock-offs accessory to a hotel, lodge, or vacation residence, affordable multi-family housing, free-market multi- family housing, home occupations and vacation rentals. 2. Uses allowed on all building levels:evels: retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use. Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. C. Conditional uses. The following uses are permitted as conditional uses in the Neighborhood Commercial (NC) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Lodging, vacation residences, affordable multi-family housing, free-market multi-family housing or home occupations on the ground floor. 2. Commercial parking facility,pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Neighborhood Commercial (NC) Zone District: 1. Minimum Gross Lot Area(square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit(square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback(feet): five (5). 5. Minimum side yard setback(feet): five (5). 6. Minimum rear yard setback(feet): five (5). 7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.10— Space Allocation for Trash and Recycling Storage. 8. Maximum height: twenty-eight (28) feet, which may be increased to thirty-two (32) feet through Commercial Design Review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. Height may not be otherwise established through a Planned Development Review. 9. Minimum distance between buildings on the lot(feet): No requirement. 10. Public amenity pace: Pursuant to Section 26.575.030. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 67 of 93 11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 1.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly,the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1:L b. Arts, cultural and civic uses,public uses, recreational uses, academic uses, child care center and similar uses: 1:1. c. Lodging: 1.5:1 d. Vacation Residences: 1:1 e. Affordable multi family housing: .5:1. f. Free-market multi family housing: .25:1, only if a minimum of.75:1 FAR of Commercial or Lodge uses exist on the same parcel. 12. Maximum Unit Size. Applies to Multi-Family Residential Dwellings, Hotel Units, Lodge Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and Lodge units. 1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation Residences and Multi-Family Residential Units. This limitation applies to each individual unit (not an average size of the units). When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. a. The property owner may increase individual unit size of lodge and hotel units by up to 1,000 square feet of net livable area through Special Review approval, pursuant to Section 26.430.040(J), and subject to the following: 1) The maximum individual unit size attainable through Special Review is 2,000 square feet of net livable area. 2) This incentive applies only to individual unit size. Special Review approval does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. 3) Maximum unit size may not be otherwise established for a project through a Planned Development review. b. The property owner may increase individual unit size of vacation residences and free- market residential units by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1) The transfer ratio is 1,000 square feet of net livable area for each certificate that is extinguished. The additional square footage accrued may be applied to multiple units. See Chapter 26.535 for the procedures for extinguishing certificates. 2) The maximum individual unit size attainable by transferring development rights is 2,500 square feet of net livable area. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 68 of 93 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. 4) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to Special Review,pursuant to Chapter 26.430.040(J). 5) Maximum unit size may not be otherwise established for a project through a Planned Development review.. 13. Commercial/residential ratio: The total residential net livable area shall be no greater than the total floor area associated with the uses described in Subparagraphs 26.710.170.D.1 La and b combined on the same parcel. Section 13: Section 26.710.180,Mixed Use (MU), shall be amended as follows: 26.710.180 Mixed-Use (MU). A. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a variety of lodging, vacation residences, short term vacation rentals of residential units, multi-family, single-family, and mixed-use buildings with commercial uses serving the daily or frequent needs of the surrounding neighborhood, to provide a transition between the commercial core and surrounding residential neighborhoods and to provide a variety of building sizes compatible with the character of the Main Street Historic District. B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU) Zone District: 1. Retail and restaurant uses; office uses; neighborhood commercial uses; service uses; arts, cultural and civic uses; public uses; recreational uses; academic uses; and child care center. 2. Hotel, Lodge, Vacation Residences; lock-offs accessory to a Hotel, Lodge, or Vacation Residence. 3. Uses and facilities necessary and incidental to Hotel, Lodge, or Vacation Residence uses such as a lobby or reception desk, concierge services, conference facilities, fitness facilities, spa,restaurant or bar, accessory retail and commercial uses, and sales or rentals offices. 4. Single-family residence; duplex residence; two (2) detached single-family residences. 5. Free-market multi-family housing; Affordable multi-family housing. 6. Timesharing of residences, vacation residences, or hotel/lodge units, pursuant to Chapter 26.590. Vacation rentals subject to Section 26.575.220. 7. Accessory uses and structures; Storage accessory to a permitted use; Home occupations. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 69 of 93 8. Parking shall not be allowed as the sole use of the ground floor. Automobile drive- through service is prohibited. C. Conditional uses. The following uses are permitted as conditional uses in the Mixed- Use (MU) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Bed and Breakfast. 2. Commercial parking facility, pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Mixed-Use (MU) Zone District: 1. Minimum Gross Lot Area(square feet): 3,000. 2. Minimum Net Lot Area per dwelling square feet): a. Detached residential dwellings: 4,500. 3,000 for historic landmark properties. b. Duplex dwellings (square feet): 4,500. 3,000 for historic landmark properties. c. All other uses: Not applicable. 3. Minimum lot width(feet): thirty (30). 4. Minimum front yard setback (feet): ten (10), which may be reduced to five (5), pursuant to Special Review, Chapter 26.430. 5. Minimum side yard setback (feet): five (5). 6. Minimum rear,yard setback(feet): five (5). 7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.10— Space Allotment for Trash and Recycling Storage 8. Maximum height: Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly,the following maximum heights may not be achievable in all situations and are not an entitlement. Height may not be otherwise established through a Planned Development Review. a. Commercial, Hotel, Lodge, Vacation Residence, Multi-Family, and Mixed-Use Buildings located in the Main Street Historic District: twenty-eight (28) feet, which may be increased to thirty-two (32) feet through Commercial Design Review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. b. Commercial, Hotel, Lodge, Vacation Residence, Multi-Family, and Mixed-Use Buildings located outside the Main Street Historic District: twenty-eight(28) feet, which may be increased to thirty-six (36) feet through Commercial Design Review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 70 of 93 c. Detached residential and duplex dwellings, and Bed and Breakfast: twenty-five (25) feet. 9. Minimum distance between buildings on the lot(feet): ten(10). 10. Public amenity space: Pursuant to Section 26.575.030. 11. Floor Area Ratio (FAR): Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the following maximum floor area ratios may not be achievable in all situations and are not an entitlement. a. The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2:1. For properties within the Main Street Historic District, this maximum cumulative FAR shall be 1:1, which may be increased to 1.25:1 by special review, pursuant to Subsection 26.430.040.A. 1) Commercial; arts, cultural and civic uses;public uses; recreational uses; academic uses: .75:1, which may be increased to 1:1 by Special Review, pursuant to Subsection 26.430.040.A. 2) Hotel, Lodge, and Vacation Residence uses: 1:1, which may be increased to 1.25:1 by Special Review,pursuant to Subsection 26.430.040(J). 3) Affordable multi family housing: No limitation other than the cumulative FAR limit stated above. 4) Free-market, multi family housing: The allowable net livable square footage shall be equal to the total net livable/leasable area of commercial, hotel/lodge, Vacation Residence, arts, cultural and civic uses,public uses, recreational uses, and academic uses combined on the same parcel, up to a maximum of.75:1. The allowable free-market residential development may not be otherwise established for a project through a Planned Development review. b. Detached residential and duplex dwellings, and bed and breakfast: seventy-five percent (75%) of the allowable floor area of an equivalent-sized lot located in the R-6 Zone District. (See Section 26.710.040, R-6 Zone District.) City historic transferable development rights shall not permit additional floor area for detached residential and duplex dwellings. 12. Maximum Unit Size. Applies to Multi-Family Residential Dwellings, Hotel Units, Lodge Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and Lodge units. 1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation Residences and Multi- Family Residential Units. This limitation applies to each individual unit(not an average size of the units). When units are comprised of lock-off units,this maximum shall apply to the largest possible combination of units. a. The property owner may increase individual unit size of lodge and hotel units by up to 1,000 square feet of net livable space through Special Review approval, pursuant to Section 26.430.040(J), and subject to the following: Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 71 of 93 1) The maximum individual unit size attainable through Special Review is 2,000 square feet of net livable area. 2) This incentive applies only to individual unit size. Special Review approval does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. 3) Maximum unit size may not be otherwise established for a project through a Planned Development review. b. The property owner may increase individual unit size of vacation residences and free- market residential units by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1) The transfer ratio is 1,000 square feet of net livable area for each certificate that is extinguished. The additional square footage accrued may be applied to multiple units. See Chapter 26.535 for the procedures for extinguishing certificates. 2) The maximum individual unit size attainable by transferring development rights is 2,500 square feet of net livable area. 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. 4) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to Special Review, pursuant to Chapter 26.430.040(J). 5) Maximum unit size may not be otherwise established for a project through a Planned Development review.. Section 14: Section 26.710.190,Lodge (L), shall be amended 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 hotels, lodges, Vacation Residences, tourist-oriented multi-family buildings through short term vacation rentals, high occupancy timeshare facilities and ancillary uses compatible with lodging to support and enhance the City's resort economy. The City 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 Quota System (GMQS) and Chapter 26.595, Lodging and Vacation Residence Incentive Program. B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone District: 1. Hotel, Lodge, Vacation Residences; lock-offs accessory to a Hotel, Lodge, or Vacation Residence. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 72 of 93 2. Uses and facilities necessary and incidental to Hotel, Lodge, or Vacation Residences uses such as a lobby or reception desk, concierge services, conference facilities, fitness facilities, spa,restaurant or bar, accessory retail and commercial uses, and sales or rentals offices. 3. If the property also contains Hotel, Lodge, or Vacation Residence uses, the following are permitted: a. Retail and restaurant uses, office uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, and child care center. Also see conditional uses. b. Affordable multi-family housing. Free-market multi-family housing; Lock-offs accessory to a residence is prohibited. Also see conditional uses. 4. Timesharing of residences, vacation residences, or hotel/lodge units, pursuant to Chapter 26.590. Vacation rentals subject to Section 26.575.220. 5. Accessory uses and structures; Home occupations; Storage accessory to a permitted use. 6. Parking shall not be allowed as the sole use of the ground floor. Automobile drive- through service is prohibited. 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. Commercial parking facility, pursuant to Chapter 26.515. 2. If the property does not contain Hotel, Lodge, or Vacation Residence uses, the following uses are conditional: a. Retail and restaurant uses, office uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, and child care center. b. Free-market multi-family housing; Affordable multi-family housing. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Lodge (L) Zone District: 1. Minimum Gross Lot Area(square feet): 3,000. 2. Minimum Net Lot Area per dwelling unit (square feet): a. Free-Market multi family residential as the sole use of the property: 3,000. b. Free-Market multi family residential when part of a Hotel, Lodge, or Vacation Residence project: No requirement. c. Affordable multi family residential: No requirement. d. Hotel, Lodge, Vacation Residence: No requirement. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 73 of 93 3. Minimum lot width(feet): thirty (30). 4. Minimum front yard setback(feet): five (5). 5. Minimum side yard setback(feet): five (5). 6. Minimum rear yard setback (feet): five (5). 7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.10— Space Allocation for Trash and Recycling Storage. 8. Maximum height: Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the following maximum heights may not be achievable in all situations and are not an entitlement. For density incentives, "lock-offs" shall not be counted as individual units. Also see Subsection 26.710.190€. Height may not be otherwise established through a Planned Development Review, unless participating in the Lodge Incentive Program pursuant to Section 26.595. a. Multi-family projects (as the sole use of the property): twenty-five (25) feet. b. Hotel, Lodge, Vacation Residences, commercial, and mixed-use projects, with less than one hotel, lodge, or vacation unit per 750 square feet of Net Lot Area: twenty- eight (28) feet. c. Hotel, Lodge, Vacation Residences, and mixed-use projects, with one (1) or more hotel, lodge, or vacation residences per 750 square feet of Net Lot Area: thirty-eight (38) feet, which may be increased to forty (40) feet through Commercial Design Review, see Chapter 26.412. 9. Minimum distance between buildings on the lot(feet): No requirement. (Building and Fire Codes may apply.) 10. Public amenity space: Pursuant to Section 26.575.030. 11. Floor area ratio (FAR): Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the following maximum floor area ratios may not be achievable in all situations and are not an entitlement. For density incentives, "lock-offs" shall not be counted as individual units. Also see subsection 26.710.190(E). a. Multi-family Housing (as the sole use of the property): .25:1 b. The following FAR schedule applies to commercial, hotel, lodge, vacation residence, and mixed-use projects. This FAR schedule is cumulative, up to a total maximum FAR of 2.75:1. Also see Subsection 26.710.190.E. 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; child care centers: 0.5:1 Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 74 of 93 2. Hotel units; Lodge units; Vacation Residences: 2.5:1. 3. Commercial parking facility: .5:1. 4. Affordable multi-family housing: .75:1. 5. Free-market multi-family housing: The allowable net livable square footage shall be based on a percentage of the total net livable area of hotel, lodge, and vacation residences on the parcel and according to the density of hotel, lodge, and vacation residences on the parcel, as defined in Table 26.710.190.1, below: Table 26.710.190.1 Allowable Free-Market Residential Net Livable Density of Hotel,Lodge, and Maximum above grade free-market Vacation Residences on the residential net livable area as a Parcel percentage of the total HotebEodge/Vacation Residence unit net livable area Total Hotel/Lodge/Vacation 40% Residence units is less than one unit per seven-hundred-and-fifty (750) square feet of Net Lot Area. Total Hotel/Lodge/Vacation 50% Residence units is one or more units per seven-hundred-and-fifty (750) square feet of Net Lot Area. The above percentages may be increased as follows: a) By up to 5% pursuant to Planned Development, Chapter 26.445, and Special Review, Chapter 26.430.040(J)(2). These reviews shall be combined, pursuant to Section 26.304.060(B)(1), Combined reviews. The percentage of free-market residential net livable areas may not be otherwise established for a project through a Planned Development review. b) By up to 5% through the landing of Transferable Development Rights (TDRs) at a transfer rate of 1,000 square feet per TDR. c) In no case may the overall percentage by amended by more than 10% total. d) TDRs used to increase the overall free-market residential floor area may not be used to also increase individual unit sizes. 12. Maximum Unit Size. Applies to Multi-Family Residential Dwellings, Hotel Units, Lodge Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and Lodge units. 1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation Residences and Multi-Family Residential Units. This limitation applies to each individual Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 75 of 93 unit(not an average size of the units). When units are comprised of lock-off units,this maximum shall apply to the largest possible combination of units. a. The property owner may increase individual unit size of lodge and hotel units by up to 1,000 square feet of net livable space through Special Review approval, pursuant to Section 26.430.040(J), and subject to the following: 1) The maximum individual unit size attainable through Special Review is 2,000 square feet of net livable area. 2) This incentive applies only to individual unit size. Special Review approval does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. 3) Maximum unit size may not be otherwise established for a project through a Planned Development review. b. The property owner may increase individual unit size of vacation residences and free-market residential units by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1) The transfer ratio is 1,000 square feet of net livable area for each certificate that is extinguished. The additional square footage accrued may be applied to multiple units. See Chapter 26.535 for the procedures for extinguishing certificates. 2) The maximum individual unit size attainable by transferring development rights is 2,500 square feet of net livable area. 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. 4) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to Special Review, pursuant to Chapter 26.430.040(J). 5) Maximum unit size may not be otherwise established for a project through a Planned Development review. E. Adjustments to Density Standards, and Lock-Offs. The ability to count lock-offs in density calculations for height and floor area dimensional requirements, as well as incentives in Chapter 26.470 — Growth Management Quota System, may be approved through Special Review — Section 26.430.040(J). For the project to remain eligible for incentives, no more than 20% of the total unit count may come from lock-off units. Section 15: Section 26.710.200, Commercial Lodge (CL), shall be amended as follows: 26.710.200 Commercial Lodge (CL). Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 76 of 93 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. The City encourages high-occupancy lodging development in this zone district through hotel, lodge, vacation residences, and short term vacation rentals 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: Hotel/Lodging uses, lock-offs accessory to a Hotel or Lodge, timesharing of hotel and lodge units, conference facilities, retail and restaurant uses, office uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, and child care center. Uses and facilities necessary and incidental to uses on upper floors. Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. 2. Uses allowed on upper floors: Hotel or lodge, Vacation Residences, lock-offs accessory to a Hotel, Lodge or Vacation Residence, timesharing of residences, vacation residences, or lodging/hotel units, offices and activities accessory to timeshare unit sales, conference facilities, accessory uses, storage accessory to a permitted use, affordable multi-family housing, free-market multi-family housing, vacation rentals pursuant to Section 26.575.220. 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 centers located on upper floors. 2. Commercial parking facility, pursuant to Chapter 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 Gross Lot Area(square uare feet): No requirement. 2. Minimum Net 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. 6. Minimum rear yard setback (feet): No requirement. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 77 of 93 7. Minimum utility/trash/recycle area: pursuant to Chapter 12.10— Space Allotment for Trash and Recycling Storage. 8. Maximum height: twenty-eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to 40 feet through Commercial Design Review. See Chapter 26.412. For projects with one (1) or more hotel, lodge, or vacation residences per 750 square feet of Net Lot Area, three-story elements of a building may be thirty-eight (38) feet, which may be increased to forty (40) feet through Commercial Design Review. Height may not be otherwise established through a Planned Development Review. 9. Minimum distance between buildings on the lot(feet): No requirement. 10. Public amenity space: Pursuant to Section 26.575.030. 11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly,the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses; arts, cultural and civic uses;public uses; academic uses; child care centers; commercial parking facility: 1:1. b. Hotel, Lodge, and Vacation Residences: 2.5:1. c. Affordable multi family housing: .5:1 d. Free-market multi family housing: Same as the Lodge Zone District (See Section 26.710.190(D)(1 1)(b)(5). 12. Maximum Unit Size. Applies to Multi-Family Residential Dwellings, Hotel Units, Lodge Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and Lodge units. 1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation Residences and Multi-Family Residential Units. This limitation applies to each individual unit(not an average size of the units). When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. a. The property owner may increase individual unit size of lodge and hotel units by up to 1,000 square feet of net livable space through Special Review approval, pursuant to Section 26.430.040(J), and subject to the following: 1) The maximum individual unit size attainable through Special Review is 2,000 square feet of net livable area. 2) This incentive applies only to individual unit size. Special Review approval does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 78 of 93 3) Maximum unit size may not be otherwise established for a project through a Planned Development review. b. The property owner may increase individual unit size of vacation residences and free-market residential units by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1) The transfer ratio is 1,000 square feet of net livable area for each certificate that is extinguished. The additional square footage accrued may be applied to multiple units. See Chapter 26.535 for the procedures for extinguishing certificates. 2) The maximum individual unit size attainable by transferring development rights is 2,500 square feet of net livable area. 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. 4) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to Special Review, pursuant to Chapter 26.430.040(J). 5) Maximum unit size may not be otherwise established for a project through a Planned Development review. E. Adjustments to Density Standards, and Lock-Offs. The ability to count lock-offs in density calculations for height and floor area dimensional requirements, as well as incentives in Chapter 26.470 — Growth Management Quota System, may be approved through Special Review — Section 26.430.040(J). For the project to remain eligible for incentives, no more than 20% of the total unit count may come from lock-off units. Section 16: Section 26.710.310, Lodge Overlay (LO) Zone District, shall be amended as follows: 26.710.310 Lodge Overlay (LO) Zone District. A. Purpose. The purpose of the Lodge Overlay(LO) Zone District is to provide for lodge uses and short term vacation rentals 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. The City 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 Quota System (GMQS) and Chapter 26.595, Lodging and Vacation Residence Incentive Program. B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (LO) Zone District: 1. The uses permitted in the underlying zone district. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 79 of 93 2. Hotel, Lodge, Vacation Residences; lock-offs accessory to a Hotel, Lodge, or Vacation Residence. 3. Uses and facilities necessary and incidental to Hotel, Lodge, or Vacation Residence uses limited to a lobby or reception desk, concierge services, conference facilities, fitness facilities, and sales or rental offices. 4. Conference facilities. 5. Accessory uses and structures. (Storage accessory to a permitted use. Parking shall not be allowed as the sole use of the ground floor. 6. Affordable housing accessory to a Hotel, Lodge, or Vacation Residence operation and for employees of the operation. 7. Timesharing of residences, vacation residences, or hotel/lodge units, pursuant to Chapter 26.590. Vacation rentals subject to Section 26.575.220. C. Conditional uses. The following uses are permitted as conditional uses in the Lodge Overlay (LO) 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. Uses and facilities accessory to Hotel, Lodge, or Vacation Residence uses such as spa, restaurant or bar, and accessory retail or commercial uses. D. Dimensional requirements. Certain dimensional requirements are established for lodge, hotel, vacation residences, and their associated uses. Dimensional requirements not listed shall be those of the underlying zone district. For lodge, hotel, vacation residences, and their associated uses, the dimensions shall be the greater of the permitted dimensions of a duplex residence or multi-family residences (where such uses are permitted in the underlying zone district), or those outlined below. All other uses shall be limited to the dimensional requirements of the underlying zone district. 1. Maximum height: Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the following maximum heights may not be achievable in all situations and are not an entitlement. a. Hotel, Lodge, Vacation Residence and associated uses: twenty-eight (2 8) feet, which may be increased to thirty (32) feet through Commercial Design Review. See Chapter 26.412. 2. Floor Area Ratio (FAR): Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the following maximum floor area ratios may not be achievable in all situations and are not an entitlement. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 80 of 93 a. Hotel, Lodge, Vacation Residence and associated uses: 1:1 in residential zone districts, and 1.25:1 in commercial, mixed-use, or lodge zone districts. b. The amount of associated free-market residential floor area to be included in a hotel, lodging, or vacation residence project shall be as defined in the Lodge (L) Zone District- Section 26.710.190.D.I l.b.5. 3. Maximum Unit Size. Applies to Multi-Family Residential Dwellings Hotel Units Lodge Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and Lodge units. 1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation Residences and Multi-Family Residential Units. This limitation applies to each individual unit(not an average size of the units). When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. a. The property owner may increase individual unit size of lodge and hotel units by up to 1,000 square feet of net livable space through Special Review approval, pursuant to Section 26.430.040(J), and subject to the following: 1) The maximum individual unit size attainable through Special Review is 2,000 square feet of net livable area. 2) This incentive applies only to individual unit size. Special Review approval does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. 3) Maximum unit size may not be otherwise established for a project through a Planned Development review. b. The property owner may increase individual unit size of vacation residences and free- market residential units by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1) The transfer ratio is 1,000 square feet of net livable area for each certificate that is extinguished. The additional square footage accrued may be applied to multiple units. See Chapter 26.535 for the procedures for extinguishing certificates. 2) The maximum individual unit size attainable by transferring development rights is 2,500 square feet of net livable area. 3) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to Special Review, pursuant to Chapter 26.430.040(J). 4) Maximum unit size may not be otherwise established for a project through a Planned Development review. 5) Landing of TDRs for unit size shall also grant the property an FAR bonus of 250 square feet per TDR landed up to a total of 1,000 square feet. E. Adjustments to Density Standards, and Lock-Offs. The ability to count lock-offs in density calculations for height and floor area dimensional requirements, as well as incentives in Chapter 26.470— Growth Management Quota System, may be approved through Special Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 81 of 93 Review— Section 26.430.040(J). For the project to remain eligible for incentives, no more than 20% of the total unit count may come from lock-off units. Section 17: Section 26.710.320, Lodge Preservation Overlay (LP) Zone District, shall be amended 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 hotel, lodge, and vacation residences, to provide uses accessory and normally associated with hotel, lodge and vacation residence projects, to permit short term vacation rentals of residential units, 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 hotel, lodge, and vacation residences on site or onto adjacent properties. The City 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 Quota System (GMQS) and Chapter 26.595, Lodging and Vacation Residence Incentive Program. B. Permitted uses. The following uses are permitted as of right in the Lodge Preservation (LP) Overlay Zone District: 1. The uses permitted in the underlying zone district. 2. Hotel, Lodge, Vacation Residences; lock-offs accessory to a Hotel, Lodge, or Vacation Residence. 3. Uses and facilities necessary and incidental to Hotel, Lodge, or Vacation Residence uses limited to a lobby or reception desk, concierge services, conference facilities, fitness facilities, and sales or rental offices. 4. Accessory uses and structures. Storage accessory to a permitted use. Parking shall not be allowed as the sole use of the ground floor. 5. Affordable housing accessory to a Hotel, Lodge, or Vacation Residence operation and for employees of the operation. 6. Timesharing of residences, vacation residences, or hotel/lodge units, pursuant to Chapter 26.590. Vacation rentals subject to Section 26.575.220. C. Conditional uses. The following uses are permitted in the Lodge Preservation(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. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 82 of 93 2. Uses and facilities accessory to Hotel, Lodge, or Vacation Residence uses such as spa, restaurant or bar, and accessory retail or commercial uses. D. Dimensional requirements. Certain dimensional requirements are established for lodge, hotel, vacation residences, and their associated uses. Dimensional requirements not listed shall be those of the underlying zone district. For lodge, hotel, vacation residences, and their associated uses, the dimensions shall be the greater of the permitted dimensions of a duplex residence or multi-family residences (where such uses are permitted in the underlying zone district), or those outlined below. All other uses shall be limited to the dimensional requirements of the underlying zone district. 1. Maximum height: Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the following maximum heights may not be achievable in all situations and are not an entitlement. a. Hotel, Lodge, Vacation Residence and associated uses: twenty-eight (28)feet, which may be increased to thirty-two (32) feet through Commercial Design Review. See Chapter 26.412. 2. Floor Area Ratio (FAR): Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the following maximum floor area ratios may not be achievable in all situations and are not an entitlement. a. Hotel, Lodge, Vacation Residence and associated uses: 1:1 in residential zone districts, and 1.25:1 in commercial, mixed-use, or lodge zone districts. b. The amount of associated free-market residential floor area to be included in a hotel, lodging, or vacation residence project shall be based on a percentage of the total net livable area of hotel, lodge, and vacation units on the parcel and according to the density of hotel, lodge, and vacation units on the parcel, as defined in Table 26.710.320.1, below: Table 26.710.320.1 Allowable Free-Market Residential FAR Density of Hotel,Lodge, and Maximum`above-grade free-market Vacation Residences on the residential net livable area as a Parcel percentage of the total HoteULodge/Vacation Residence unit net livable area Total Hotel/Lodge/Vacation 45% Residence units is less than one unit per seven-hundred-and-fifty (750) square feet of Net Lot Area. Total Hotel/Lodge/Vacation 55% Residence units is one or more Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 83 of 93 units per seven-hundred-and-fifty (750) square feet of Net Lot Area. The above percentages may be increased by up to 5% pursuant to Planned Development, Chapter 26.445, and Special Review, Chapter 26.430.040(J)(2). These reviews shall be combined, pursuant to Section 26.304.060(B)(1), Combined reviews. The percentage of free-market residential net livable areas may not be otherwise established for a project through a Planned Development review. 3. Maximum Unit Size. Applies to Multi-Family Residential Dwellings, Hotel Units, Lodge Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and Lodge units. 1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation Residences and Multi-Family Residential Units. This limitation applies to each individual unit (not an average size of the units). When units are comprised of lock-off units,this maximum shall apply to the largest possible combination of units. a. The property owner my increase individual unit size of lodge and hotel units by up to 1,000 square feet of net livable space through Special Review approval, pursuant to Section 26.430.040(J), and subject to the following: 1) The maximum individual unit size attainable through Special Review is 2,000 square feet of net livable area. 2) This incentive applies only to individual unit size. Special Review approval does not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the development from other requirements of this Title. 3) Maximum unit size may not be otherwise established for a project through a Planned Development review. b. The property owner may increase individual unit size of vacation residences and free- market residential units by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1) The transfer ratio is 1,000 square feet of net livable area for each certificate that is extinguished. The additional square footage accrued may be applied to multiple units. See Chapter 26.535 for the procedures for extinguishing certificates. 2) The maximum individual vacation residence unit size attainable by transferring development rights is 2,500 square feet of net livable area. 3) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to Special Review, pursuant to Chapter 26.430.040(J). 4) Maximum unit size for free-market residential dwelling units and vacation residences may be established for a project through a Planned Development review, however all net livable area above 1,500 sq ft shall require TDRs. 5) Landing of TDRs for unit size shall also grant the property an FAR bonus of 250 square feet per TDR landed up to a total of 1,000 square feet. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 84 of 93 E. Adjustments to Density Standards, and Lock-Offs. The ability to count lock-offs in density calculations for height and floor area dimensional requirements, as well as incentives in Chapter 26.470—Growth Management Quota System, may be approved through Special Review —Section 26.430.040(J). For the project to remain eligible for incentives, no more than 20% of the total unit count may come from lock-off units. Section 18: Section 26.710.330, Ski Area Base (SKI), shall be amended as follows: 26.710.330 Ski Area Base (SKI). A. Purpose. The purpose of the Ski Area Base (SKI) Zone District is to provide for areas which allow for a mixture of uses related to ski area uses and operations including, skiing and appurtenant uses and structures, ski area administrative offices, recreation, hotels, lodges, vacation residences, retail, restaurant and bar uses, tourist-oriented service uses, residential uses, and short term vacation rentals. It is intended that this Zone District will apply to areas located at the base of ski areas and all development within this district will be master planned through a Planned Development(PD)review process. B. Permitted uses. The following uses are permitted as of right in the Ski Area Base (SKI) Zone District: 1. Alpine and Nordic ski areas,related uses and support facilities typically associated with the uses and operations of ski areas. 2. Hotel, Lodge, Vacation Residences; lock-offs accessory to a Hotel, Lodge, or Vacation Residence. 3. Uses and facilities necessary and incidental to Hotel, Lodge, or Vacation Residence uses such as a lobby or reception desk, concierge services, conference facilities, fitness facilities, spa,restaurant or bar, accessory retail and commercial uses, and sales or rentals offices. 4. If the property also contains Hotel, Lodge, or Vacation Residence, the following are permitted: Retail and restaurant uses, office uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, academic uses, and child care center. Also see conditional uses. 5. If the property also contains Hotel, Lodge, or Vacation Residence, the following are permitted: Free-market multi-family housing; Affordable multi-family housing. Also see conditional uses. 6. Special events associated with ski areas including such events as ski races, bicycle races and concerts. (Special event permitting requirements may apply.) 7. Recreational uses and trails. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 85 of 93 8. Public uses. Accessory uses and structures; Home occupations; Storage accessory to a permitted use; medical clinic accessory to the ski area. Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. 9. Outdoor vendor carts or areas for food and beverages sales and preparation. 10. Timesharing of residences, vacation residences, or hotel/lodge units, pursuant to Chapter 26.590. Vacation rentals subject to Section 26.575.220. C. Conditional uses. The following uses are permitted as conditional uses in the Ski Area Base (SKI) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Commercial parking facility, pursuant to Chapter 26.515. 2. If the property does not contain Hotel, Lodge, or Vacation Units,the following uses are conditional: Retail and restaurant uses, office uses, neighborhood commercial uses, service uses, affordable housing, arts, cultural and civic uses, academic uses, and child care center. D. Dimensional requirements. The dimensional requirements which shall apply to all permitted and conditional uses in the Ski Area Base (SKI) Zone District shall be those of the Lodge (L) Zone District or as otherwise set pursuant to Chapter 26.445, Planned Development. Section 19: Section 26.316.020,Appeals -Authority, shall be amended as follows: Chapter 26.316 APPEALS 26.316.020. Authority. A. Board of Adjustment. The Board of Adjustment shall have the authority to hear and decide the following appeals: 1. The denial of a variance pursuant to Chapter 26.314 by the Planning and Zoning Commission or Historic Preservation Commission. B. City Council. The City Council shall have the authority to hear and decide the following appeals: 1. An interpretation to the text of this Title or the boundaries of the zone district map by the Community Development Director in accordance with Chapter 26.306. An appeal of this nature shall be a public meeting. 2. Any action by the Historic Preservation Commission in approving, approving with conditions or disapproving a development application for development in an "H," Historic Overlay District pursuant to Chapter 26.415. An appeal of this nature shall be a public meeting. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 86 of 93 3. Any other appeal for which specific authority is not granted to another board or commission as established by this Title. An appeal of this nature shall be a public meeting. C. Planning and Zoning Commission. The Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the Growth Management Quota System or allocation of growth management allotments in accordance with Chapter 26.470 of this Title. An appeal of this nature shall be a public hearing. D. Administrative Hearing Officer. The Administrative Hearing Officer shall have the authority to hear an appeal from any decision or determination made by an administrative official unless otherwise specifically stated in this Title. An appeal on the effect of the land use code upon a particular property, development permit, or site-specific circumstance shall be heard by the Administrative Hearing Officer. Section 20: Section 26.412.010, Commercial Design Review - Purpose, shall be amended as follows: 26.412.010. Purpose. The purpose of commercial design review is to preserve and foster proper commercial district scale and character and to ensure that the City's commercial areas and streetscapes are public places conducive to walking. In addition, commercial design review is intended to foster proper scale and character of lodging and vacation residence development located in lodging and commercial zones, as well as within residential neighborhoods. The review standards do not prescribe architectural style, but do require that certain building elements contribute to the streetscape. The character of the City's commercial district is largely established by the variety of uses and the relationship between front facades of buildings and the streets they face. By requiring certain building elements to be incorporated in the design of new and remodeled buildings, storefronts are more appealing and can contribute to a well-designed, exciting commercial district. Accommodation of the automobile within commercial districts is important to the consistency and quality of pedestrian streetscapes. The standards prescribe certain methods of accommodating on-site parking to achieve environments conducive to walking. Acknowledgement of the context that has been established by the existing built environment is important to protecting the uniqueness of the City. To achieve compatibility, certain standards require building elements to be influenced by adjoining development, views, pedestrian malls or sun angles. Finally, along with creating architecturally interesting and lively primary streets, the pedestrian nature of downtown can be further enhanced by making alleys an attractive place to walk. Store entrances and display windows along alleyways are encouraged to augment, while not detracting from, the pedestrian interest of primary streets. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 87 of 93 Section 21: Section 26.412.020, Commercial Design Review - Applicability, shall be amended as follows: 26.412.020. Applicability. A. This Chapter applies to all commercial, lodging, and vacation residence development, as well as mixed-used development that includes a commercial, lodging, or vacation residence component, located within the City requiring a building permit. B. Vacation Residence development that does not include commercial or lodging development shall be exempt from Subsection 26.412.060(A), Public Amenity Space. C. Applications may be exempted from the provisions of this Chapter by the Community Development Director if the development is: 1. An addition or remodel of an existing structure that either does not change the exterior of the building or, as determined by the Community Development Director, changes the exterior in such a minimal manner as to not justify this review; or 2. A remodel of a structure where proposed alterations affect aspects of the exterior of the building not addressed by the Review Standards of Section 26.412.050 below Section 22: Section 26.480.050(B),Administrative Subdivisions—Exempt Timesharing, shall be amended as follows: 26.480.050. Administrative subdivisions. B. Timesharing. A subdivision necessary to establish, amend, or vacate time-span estates that comply with the requirements of Chapter 26.590, Timeshare Development, shall be approved, approved with conditions, or denied by the Community Development Director if the requirements of Chapter 26.590 are met. Any plat shall be in a style and format as prescribed in Title 29 —Engineering Design Standards, Plats. Unless waived by the Community Development Director, a Development Agreement shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. This form of subdivision shall not be used to create any additional lots or dwelling units. Section 23: Section 26.575.040,RESERVED, shall be amended as follows: 26.575.040 Outdoor food and beverage vending. A. Review Criteria. Outdoor food/beverage vending shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. Location. All outdoor food/beverage vending must be on private property and is limited to the Commercial Core (CC), Commercial (Cl), Neighborhood Commercial (NC), or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public property that is subject to an approved mall lease. Additional location criteria: Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 88 of 93 1) The operation shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. 2) Normal operation, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. 3) The operation shall not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. b. Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square feet per operation. The area of activity shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. c. Signage. Signage for outdoor food/beverage vending carts shall be exempt from Chapter 26.510, Signs, with the exception of Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. d. Environmental Health Approval. Approval of a food service plan from the Environmental Health Department is required. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open-flame char-broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. e. Building and Fire Code Compliance. All outdoor food/beverage vending operations must comply with adopted building and fire codes. f. Application Contents. An application for a food/beverage vending license shall include the standard information required in 26.304.030.B, plus the following: 1) Copy of a lease or approval letter from the property owner. 2) A description of the operation including days/hours of operation, types of food and beverage to be offered, a picture or drawing of the vending cart/stand, and proposed signage. 3) The property survey requirement shall be waived if the applicant can demonstrate how the operation will be contained on private property. g. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1) year period beginning on the same date that the Notice of Approval is signed by the Community Development Director. This one (1) year period may not be separated into non-consecutive periods. h. License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal the Community Development Director shall consider the returning vendor's past performance. This shall include, but shall not be limited to, input from the Environmental Health Department, Chief of Police, special event staff, and feedback Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 89 of 93 from adjacent businesses. Unresolved complaints may result in denial of a renewal request. i. . Business License. The vending operator must obtain a business license. j. Affordable Housing and Impact Fees Waived. The Community Development Director shall waive affordable housing mitigation fees and impact fees associated with outdoor food/beverage vending activities. k. Maintenance and public safety. Outdoor food/beverage vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. 1. Abandonment. The City of Aspen may remove an abandoned food/beverage vending operation, or components thereof, in order to protect public health, safety, and welfare. Costs of such remediation shall be the sole burden of the property owner. m. Temporary Cessation. The Community Development Director may require a temporary cancelation of operations to accommodate special events, holidays, or similar large public gatherings. Such action will be taken if it is determined that the food/beverage cart will create a public safety issue or create an excessive burden on the event activities. B. License Revocation. The Community Development Director may deny renewal or revoke the license and cause removal of the food/beverage vending operation if the vendor fails to operate consistent with these criteria. An outdoor food/beverage vending license shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. Section 24: Section 26.575.140, Accessory uses and accessory structures, shall be amended as follows: 26.575.140 Accessory uses and accessory structures An accessory use shall not be construed to authorize a use not otherwise permitted in the zone district in which the principal use or structure to which it is accessory. An accessory use or structure may not be established prior to the establishment of the principal use or structure to which it is accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. For lodge and vacation residence development, common amenities that are used exclusively by overnight guests, including workout facilities, food and beverage service, check-in areas, etc, shall be considered accessory uses. Amenities that are open to the general public are considered stand- alone uses that must comply with the permitted uses in the zone district. Section 25: Section 26.575.160, Dormitory, shall be amended as follows: 26.575.160 Dormitory Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 90 of 93 Occupancy of a dormitory unit shall be limited to no more than eight (8)persons. Each unit shall provide a minimum of four hundred (400) square feet per person of net living area, including sleeping, bathroom, cooking and lounge used in common. Standards for use and design of such facilities shall be established by the City's housing designee. Section 26: Section 26.575.180 Reserved, shall be amended as follows: 26.575.180 Required Access A. Elevators. All commercial, mixed-use, and lodging buildings which contain an elevator shall provide elevator access to all building levels, units and all commercial tenant spaces of the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights-of-way) may not be utilized as pathways (pedestrian rights-of-way) to meet the requirements of the International Building Code. Additional elevators may be reserved for exclusive use or to serve less than all floors or all units. B. Delivery Areas. All commercial, mixed-use, and lodging buildings shall provide a delivery area. The delivery area shall be located along the alley if an alley adjoins the property. The delivery area shall be accessible to all building levels and all commercial tenant spaces of the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. All non-ground floor commercial spaces shall have access to an elevator or dumbwaiter for delivery access. Alleyways (vehicular rights- of-way) may not be utilized as pathways (pedestrian rights-of-way) to meet the requirements of the International Building Code. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. C. Trash and Recycling Areas. All commercial, mixed-use, and lodging buildings shall provide a trash and recycling area accessible to all building levels, units, and all commercial tenant spaces of the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights-of-way) may not be utilized as pathways (pedestrian rights-of-way) to meet the requirements of the International Building Code. Location and size requirements for trash and recycling areas shall be pursuant to Chapter 12.10 — Space Allotment for Trash and Recycling Storage. Section 27: Section 26.575.210, Lodge audits, shall be amended as follows: Sec. 26.575.210 Lodge and Vacation Residence audits The Community Development Director shall be authorized to require periodic operational audits of lodge and vacation residence developments to ensure compliance with the Land Use Code and requirements for lodge and vacation residence operations. This audit may include, but is not limited to, an occupancy report of the lodge or vacation residence development, and individual units therein; rate schedules; the manner in which short-term occupancies are marketed and managed; physical aspects of the operation, such as the number of units and pillows, the number of affordable housing units provided on site, other units and amenities on site and the number of Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 91 of 93 parking spaces provided on site; the dimensional characteristics of the development; and any additional conditions of approval. The Community Development Director may request that information be provided in a specific time frame, and may request a site inspection as part of the audit. Property owners may request that certain information, such as marketing strategies or rate schedules, be held in confidence by the City. Section 28: Section 26.425.045, Standards applicable to Bed and Breakfast, shall be adopted, as follows: 26.425.045 Standards applicable to Bed and Breakfast In addition to the Conditional Use standards in Section 26.425.040, proposals for Bed and Breakfast operations shall be subject to the following standards: a. Dimensional allowances for Bed and Breakfast operations shall be limited by the dimensions allowed in the underlying zone district or as otherwise approved through the Conditional Use Review to account for the dimensional conditions of an existing structure to be used as a Bed and Breakfast. b. No more than 25% of the structure shall be allocated to the on-site manager or owner of the operation. The remainder shall be dedicated to supporting short-term occupancies. c. The application shall demonstrate how the operation provides short-term occupancies to the general public. The City may require an annual audit to ensure the operation provides accommodations to the general public and is not operating as a private single-family home. Section 29: For the purposes of Chapter 26.630, Transportation Impact Analysis Guidelines, of the Land Use Code, Vacation Residences shall be considered to have the same trip generation numbers as Free-Market Residential uses. City Council hereby directs Chapter 26.630 and the Transportation Impact Analysis Guidelines to be updated to reflect this change, as well as any Growth Management Quota System changes herein (Section 5)that impact said chapter. Section 30: For the purposes of Chapter 12.10, Space Allotment for Trash and Recycling Storage, of the Solid Waste Code, Vacation Residences shall be required to meet trash area requirements for Multi-Family uses. City Council hereby directs Chapter 12.10 be updated to reflect this change, as well as any Growth Management Quota System changes herein (Section 5) that impact said chapter. In addition, the following definition shall be added to the Section 12.10.010, Definitions. Vacation Residence — An individual dwelling unit within a multi-family, mixed-use, or lodge project that allows periodic overnight short-term rental to the general public for a fee. A Vacation Residence may be occupied by an owner or owner's guest for no more than six (6) months in any calendar year. The unit shall be available for short-term rentals to the general public for at least six (6) months in any calendar year. Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 92 of 93 Section 31: Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 32: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. Section 33: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 34: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty(30)days following final passage. Section 35• A public hearing on this ordinance shall be held on the 14th day of July, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of June, 2014. Att t: inda Manning, City Cle k Steven Skadr n,Mayor FINALLY,adopted,passed and approved this 11th day of August,2014. A st: inda Manning, City Cler Steven Sk ron,Mayor Approved as to form: ;!Adles R.True,City Attorney Lodge Incentive Program Code Amendment Ordinance 19, Series 2014 Page 93 of 93 Fri, Jun 20, 2014 12:09:52 10301852 C� / Ad Ticket#5 Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St 'E-Mail: ANGELA.SCOREYQa CITY -Client: Caller: Linda Manning City: Aspen _Receipt State: CO Zip: 81611 Ad Name: 10301852A Original Id: 10285316 Editions: 8ATl/8ATW/ Class: 0990 Start: 06/26/14 Stop: 06/26/14 Color: Issue 1 Copyline: atw.ORDINANCE 19, 2014 Rep: Lisa Parmelee • LEGAL NOTICE Lines: 19 1 ORDINANCE 19. 2014 PUBLIC HEARING Depth: 1.6 Ordinance #19, Series of 2014 was adopted on first Columns: 1 reading at the City Council meeting June 23, 2014. This ordinance, if adopted, will amend title 26 re- Discount: 0.00 garding the Land Use Code related to the adoption of a lodging incentive program. The public hearing. Commission: 0.00 on this ordinance is scheduled for July 14, 2014 at Net: 0.00 5:00 p.m. City Hall. 130 South Galena. To see the entire text, go to the city's legal notice Tax: 0.00 website http:/lwww.aspenpitkin.com..,Departm ents./Clerk/Le- Tofal 9.61 gal-Notices/ IF you would like a copy FAXed or e-mailed to you. Payment 0.00 call the city clerk's office. 429-2687 Published in the Aspen Times Weekly June 26th. 2014 (10301852) Ad shown is not actual print size