HomeMy WebLinkAboutordinance.council.020-15 ORDINANCE No. 20
(Series of 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
THE CITY OF ASPEN LAND USE CODE IMPLEMENTING A CHARTER
AMENDMENT APPROVED BY CITY OF ASPEN VOTERS ON MAY 5,2015.
WHEREAS, on May 5, 2015, the City of Aspen voters approved an amendment to
Article XIII of the City's Charter, commonly known as Referendum 1; and
WHEREAS, the approved Charter Amendment applies to all properties located east of
Castle Creek that on January 1, 2015 were zoned Commercial Core (CC), Commercial (C-1),
Service/Commercial/Industrial (S/C/1), Neighborhood Commercial (NC), Mixed Use (MU),
Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), or Lodge Preservation Overlay
(LP); and
WHEREAS, the approved Charter Amendment, requires that any land use approval,
amendment to a previous land use approval, including those as a result of litigation, that
exceeds the zoning limitations for allowable floor area or maximum height (including height
restricted by view planes), or which reduces the requirements for the amount of off-street
parking spaces or affordable housing, shall not be effective unless subsequently approved by a
majority of all City electors voting thereon; and
WHEREAS, the approved Charter Amendment requires the Land Use Code be
amended to implement said Charter Amendment; and
WHEREAS, on March 16, 2015 City Council approved Ordinance 9, Series 2015,
approving a code amendment in response to Referendum 1, and now desires to repeal certain
sections of that Ordinance related to height and floor area increases due to the subsequent
passage of Referendum 1; and
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code; 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.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Chapter 26.304.065 — Compliance with City of Aspen Charter, shall be added as
follows:
26.304.065. Compliance with City of Aspen Charter.
All development applications shall comply with the regulations outlined in the City of Aspen
Charter, including Article XIII Section 13.14, Voter authorization of certain land use approvals.
Code Amendment—Charter Amendment
Ordinance 20, Series 2015
Page 1 of 5
Section 2: Chapter 26.710.140(E) — Commercial Core, Compliance with City of Aspen Charter,
shall be added as follows:
26.710.140 Commercial Core (CC).
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Commercial Core (CC) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen,Charter.
Section 3: Chapter 26.710.150(E) — Commercial, Compliance with City of Aspen Charter, shall
be added as follows:
26.710.150 Commercial (C-1).
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Commercial (C-1) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
Section 4: Chapter 26.710.160(G) — Service/Commercial/Industrial, Compliance with City of
Aspen Charter, shall be added as follows:
26.710.160 Service/Commercial/Industrial (S/C/1).
G. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Service/Commercial/Industrial (S/C/1) zone district on January 1, 2015, is
subject to the provisions of Article XIII Section 13.14, Voter authorization of certain land use
approvals, of the City of Aspen Charter.
Section 5: Chapter 26.710.170(E) —Neighborhood Commercial, Compliance with City of Aspen
Charter, shall be added as follows:
26.710.170 - Neighborhood Commercial (NC).
E. Compliance with City of Aspen Charter. Any property located east of the.Castle Creek
River that was in the Neighborhood Commercial (NC) zone district on January 1, 2015, is
subject to the provisions of Article XIII Section 13.14, Voter authorization of certain land use
approvals, of the City of Aspen Charter.
Section 6: Chapter 26.710.180(E)—Mixed-Use, Compliance with City of Aspen Charter, shall be
added as follows:
26.710.180 Mixed Use (MU).
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Mixed-Use (MU) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
Code Amendment—Charter Amendment
Ordinance 20, Series 2015
Page 2 of 5
Section 7: Chapter 26.710.190(F) — Lodge, Compliance with City of Aspen Charter, shall be
added as follows:
26.710.190 Lodge (L).
F. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge (L) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
Section 8: Chapter 26.710.200(F)— Commercial Lodge, Compliance with City of Aspen Charter,
shall be added as follows:
26.710.200 Commercial Lodge (CL).
F. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Commercial Lodge (CL) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
Section 9: Chapter 26.710.310(E) —Lodge Overlay, Compliance with City of Aspen Charter,
shall be added as follows:
26.710.310 Lodge Overlay (LO) Zone District.
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge Overlay (LO) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
Section 10: Chapter 26.710.320(E) —Lodge Preservation Overlay, Compliance with City of
Aspen Charter, shall be added as follows:
26.710.320 Lodge Preservation Overlay (LP) Zone District.
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge Preservation Overlay (LP) zone district on January 1, 2015, is
subject to the provisions of Article XIII Section 13.14, Voter authorization of certain land use
approvals, of the City of Aspen Charter. i
Section 11: Chapter 26.445.030(B) — Planned Development, Scope and Limitations of Project
Review, shall be amended as follows:
B. Scope and Limitations of Project Review. Project Review shall set forth the overall concept
and general parameters of a project. The allowed land uses, layout, mass and scale, and
dimensions of the project, including all deviations from zone district allowances and limitations,
shall be established during Project Review.
Code Amendment—Charter Amendment
Ordinance 20, Series 2015
Page 3 of 5
Section 12: Chapter 26.445.050 — Planned Development, Project Review Standards, shall be
amended to delete Section J; Height and Floor Area Variations.
Section 13: Scrivener's Errors
The Community Development Director is hereby authorized to correct any incorrect references
within the Land Use Code related to this Ordinance. 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 14: 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 15: 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 16: 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 17:
A public hearing on this ordinance was held on the 1 st day of June, 2015, 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 was
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 26th day of May, 2015.
Att st: i r
l
U1. % I _
L' da Manning, City C1 rk Stevin- ka ron,Mayor
FINALLY,adopted,passed and approved this 1St day of J e, 2015.
Att t:
�U
Linda Manning, City C rk Steven Skadr n,.Mayor
Code Amendment-Charter Amendment
Ordinance 20, Series 2015
Page 4 of 5
Approved as to form:
ames R. True,City Attorney
Code Amendment—Charter Amendment
Ordinance 20, Series 2015
Page 5 of 5