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HomeMy WebLinkAboutordinance.council.007.89 ORDINANCE NO. ~ (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING SUBSTANTIVE CORRECTIONS AND POLICY CHANGES TO THE ASPEN LAND USE REGULATIONS WHEREAS, the Aspen Land Use Regulations were adopted on April 25, 1988 and became effective on May 25, 1988; and WHEREAS, during the process of their adoption, the Planning Office stated that six months subsequent to the date of adoption, a code correction process would be initiated to address any problems or new issues which had arisen since the new Code was put into effect; and WHEREAS, the Aspen Planning and Zoning Commission (hereinafter "Commission") held a duly noticed public hearing on January 3, January 31, and February 7, 1989 to consider corrections to the Aspen Land Use Regulations; and WHEREAS, the Commission adopted Resolution 83-9, recommending that the Aspen City Council (hereinafter, "the Council") adopt technical and substantive corrections to the Aspen Land Use Regulations; and WHEREAS, the Council wishes to accept the recommendations of the Commission in the form of two Ordinances, Ordinance No. ~ , which adopts technical corrections to the Aspen Land Use Regulations and this Ordinance No. ~ , which adopts substantive corrections and policy changes to the Aspen Land Use Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1 Section 1 That Article 5, Sec. 5-206(B) (2) Residential/Multi-Family (R/MF); Sec. 5-206(D) Residential/Multi-Family (R/MF); Sec. 5-209(B) (14) Commercial Core (CC); "Sec. 5-209 (C) (11) Commercial Core (CC); Sec. 5-210(B) (9) Commercial (C-i); Sec. 5-210(C) (3)&(4)&(5) Commercial (C-i); Sec. 5-213 (B) (1) & (C) office (O); Sec. 5- 214(D) (2) Lodge/Tourist Residential (L/TR) of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, are hereby amended to read as follows: "Sec. 5-206(B) (2) Residential/Multi-FamilY CR/MF); 2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the duplex. In the alternative, both may be free market units if an Accessory Dwelling Unit shall be provided for each unit."; "Sec. 5-206(D) Residential/Multi-Family (R/MF) Multi-family: 1:1, which may be increased to 1.1:1 by Special Review pursuant to Art.7, Div.4." [added to the bottom of the table section, just above section "E"]; "Sec. 5-209(B)(14) Commercial Core (CC) 2 14. Residential dwelling units which are located above street level commercial uses in historic land- marks, provided that the residential dwelling unit is restricted to six month minimum leases'"' "Sec. 5-209(C) (11) Commercial Core (CC). 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 Art. 7, Div. 3. 11. Demolition of an existing residential dwelling unit. "Sec. 5-210(B) (9) Commercial (C-i) 9. Detached residential dwellings and multi-family dwellings;"; "Sec. 5-210(C) (3)&(4)&(5) Commercial (C-l) C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-i) Zone District, subject to the standards and procedures established in Art. 7, Div. 3. 3. Printing plant; 4. Satellite dish antennae; and 5. Demolition of an existing residential dwelling unit."; 3 "Sec. 5-213(B) (1)&(2)&(3)&(C) Office (O) B. Permitted uses. The following uses are permitted as of right in the Office (0) Zone District. 1. Detached residential dwellings and multi- family dwellings; C. Conditional uses. The following uses are permitted as conditional uses in the Office (0) Zone District, subject to the standards and procedures established in Art. 7, Div. 3. 1. Only for those structures that have received historic landmark designation: antique store, art studio, bakery, bed and breakfast, boarding house, bookstore, broadcasting station, church, dance studio, florist, fraternal lodge, furniture store, mortuary, music store (for the sale of musical instruments), music studio, restaurant, shop craft industry, visual arts gallery, and provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) off-street parking is provided, with alley access for those conditional uses along Main Street; 4 2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the duplex. In the alternative, both may be free market units if an Accessory Dwelling Unit shall be provided for each unit; 3. Two detached residential dwellings or a duplex on a lot containing a historic landmark with a minimum area of 6,000 sq. ft., of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one- third (1/3) of the total floor area of the two dwellings. In the alternative, both may be free market units if an Accessory Dwelling Unit shall be provided for each unit; 4. Day Care Center; 5. Commercial parking lot or parking structure that is independent of required off-street parking, provided that it is not located abutting Main Street; 6. Satellite dish antennae; and 5 7. Demolition of an existing residential dwelling unit."; "Sec. 5-214(D) (2) Lodge/Tourist Residential (L/TR) 2. Minimum lot area per dwelling unit (sq.ft.): Detached residential dwelling: 6,000 Duplex: 3,000 Multi-family dwellings: one (1) bedroom per one thousand (1,000) sq. ft. of lot area, provided that a studio shall be considered a one (1) bedroom unit. Lodge units: no requirement."; Section 2 That Article 7, Sec. 7-304 Standards applicable to all conditional uses; Sec. 7-307 Conditions; Sec. 7-404(A)(4)&(B)(1) Review standards for Special Review; Sec. 7-604 Appeal and Call Up; Sec. 7-606 Minimum Maintenance Requirements; Sec. 7- 804(D) (2) &(4)&(E) (1) (i) &(2)&(3) Development in a Specially Planned Area (SPA); Sec. 7-903 (B) (2) (b) (4)& (B) (4) Planned Unit Development approval; Sec. 7-903(C) (3) Planned Unit Development approval; Sec. 7-907(A) (9)&(B) Amendment of PUD development order of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, are hereby amended to read as follows: 6 "Sec. 7-304 Standards applicable to all conditional uses When considering a Development Application for a conditional use, the Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and C. The location, size, design and operating charac- teristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and D. There are adequate public facilities and services to serve the conditioral use including but not limited to roads, potable water, sewer, solid 7 waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. The Planning Director may recommend, and the Commission may impose such conditions on a conditional use that are necessary to maintain the integrity of the City's Zone Districts and to ensure the conditional use complies with the purposes of the Aspen Area Comprehensive Plan, this division, and this chapter; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street parking and other similar design features, the construction of public facilities to serve the conditional use, and limitations on the duration of conditional use approval."; "Sec. 7-307 Conditions" is hereby deleted; 8 "Sec. 7-404(A) (4)&(B) (1) Review standards for Special Review A.4. For the Residential/Multi-Family (R/MF) zone district only, increases in external floor area shall only be permitted on sites subject to the requirements of Art. 5, Div. 7, Replacement Housing Program. To obtain the increase, the applicant shall demonstrate a minimum of two- thirds (2/3) of the additional floor area allowed is used to increase the size of the affordable housing units beyond the minimum size standards of the City's housing designee and the development complies with the standards of Sec. 7-404 A 1 and 2. B. 1. In the Commercial Core (CC), Commercial (C-I), Office (O), Commercial Lodge (CL) or Lodge/Tourist Residential (L/TR) zone districts, the applicant shall make a one-time only payment-in-lieu of parking to the City, in the amount of $15,000 per space required, based on the cost for such spaces stated in the report ~ entitled "Physical and Financial Conceptual Design for Two Parking Facilities for the City of Aspen" 9 prepared by RNL Facilities Corporation. "; "Sec. 7-604 Appeal and Call Up A. Any action by the HPC in approving, approving with conditions, or disapproving a development order for development or demolition or suspending action on a demolition application or in rating a structure on the Inventory of Historic Structures may be appealed to the City Council by the applicant or a landowner within three hundred (300) feet of the subject property within sixty (60) days of the decision. The reasons for the appeal shall be stated in writing. The City Council may also call up for review any decision of the HPC approving, disapproving, or suspending action on a demolition or relocation of a historic landmark or any structure on the Inventory rated as a "4" or "5" by the HPC by serving written notice on the HPC within fourteen (14) days of the HPC's decision and notifying the applicant of the call up. B. Within thirty (30) days after the date of a decision by the HPC which is appealed or called up 10 by the City Council, the Council shall hold a public hearing after publishing notice pursuant to Section 6-205 E.3.a. C. The City Council shall consider the application on the record established before the HPC. The City Council shall affirm the decision of the HPC unless the City Council shall determine that there was an abuse of discretion, or a denial of due process by the HPC. Upon determining that there was an abuse of discretion or denial of due process, the City Council shall be authorized to take such action as it shall deem necessary to remedy said situation, including but not limited to reversing the decision, altering the conditions of approval, changing the length of time during which action on a demolition application has been suspended or the terms of the suspension, or remanding the application to HPC for rehearing."; "Sec. 7-606 Minimum Maintenance Requirements A. Purpose. The intent of this Section is to reduce the incidence of "demolition by neglect". B. Requirements. Ail buildings and structures identified in the Inventory of Historic Sites and Structures as described in Section 7-709, and all structures located within a historic district, 11 shall be maintained to meet the requirements of the Uniform Conservation Building Code (UCBC) and the Uniform Building Code (UBC). Said structures shall receive reasonable care, maintenance and upkeep appropriate for the preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use in compliance with the terms of this article. Every person in charge of such building or structure shall keep in good repair: 1. Ail of the exterior portions of such improvements. 2. Ail interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair. The Historic Preservation Commission, on its own initiative, may file a petition with the Chief Building Official requesting that said official proceed under the provision of this Section to require correction of defects or repairs to any 12 structure covered by this article so that such structure shall be preserved and protected in consonance with the purpose of this article. C. Demonstration of Hardship. Any owner of a structure identified in the Inventory of Historic Sites and Structures which HPC and the Chief Building Official finds requires such maintenance and repairs as described in this Section may make application requesting from the City Council a one-time, no interest loan, in an amount not to exceed $10,000.00, which the owner shall agree to pay back to the City within ten (10) years or when the property is sold or the title is transferred, whichever is the soonest. An extension of the payment period may be granted by the City Council, following written request by the owner. To be eligible for the loan, the owner shall submit a written request to the Planning Director, which shall include a description of the proposed repairs necessary to maintain the historic structure and approximate costs for such repairs. The loan request shall also demonstrate economic hardship which previously prohibited these repairs and that the loan amount is the minimum needed to 13 maintain the structure. The loan request shall be considered by the City Council. Any loan granted by the Council shall be administered through the Planning Director, who shall obtain copies of bills from the owner substantiating all expenditures made to maintain the structure with monies obtained from the loan. D. Penalties Waived. The general penalties for violations of the Aspen Municipal Code contained in Chapter 1, Section 1-8, shall not apply to violations of these minimum maintenance requirements. "Sec. 7-804 (D) (2) & (4) & (E) (1) (i)&(2)&(3) Development in a Specially Planned Area (SPA) D.2. Variations permitted. The final development plan shall comply with the requirements of the underly- ing Zone District, provided, however, that variations from these requirements may be allowed, based on the standards of Section 7-804(b). Variations may be allowed for the following requirements: open space, minimum distance between buildings, maximum height, minimum front yard, minimum rear yard, minimum side yard, 14 minimum lot width, minimum lot area, trash access area, internal floor area ratio, number of off- street parking spaces and use. Any variations allowed shall be specified on the SPA agreement and shown on the Final Development Plan."; D.4. Recordation. The Final Development Plan, which shall consist, as applicable, of final drawings depicting the site plan, landscape plan, utility plan and building elevations, and Specially Planned Area (SPA) agreement shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the Final Development Plan and SPA agreement. Failure on the part of the applicant to record the Final Development Plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by City Council shall render the plan invalid. Reconsideration of the Final Development Plan and SPA agreement by the Commission and City 15 Council will be required before its acceptance and recording. E.l.i. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. E.2. Ail other modifications shall be approved pursuant to the terms and procedures of the Final Develop- ment Plan, provided that the proposed change is consistent with or an enhancement of the approved Final Development Plan. If the proposed change is not consistent with the approved Final Development Plan, the amendment shall be subject to both Conceptual and Final Development Plan review and approval. E.3. During the review of the proposed amendment, the Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community conditions. This shall include, but not be limited to, applying to the portions of the development which have not obtained building 16 permits or are proposed to be amended any new community policies or regulations which have been implemented since the original approval, or taking into consideration changing community circumstances as they affect the project's original representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process."; "Sec. 7-903(B) (2)(b)(4)&(B)(4) Planned Unit Development approval. ($) (2)(b) (4) Density shall be further reduced as specified in Article 3, Definition of Lot Area. B.4. Dimensional Requirements. The dimensional requirements shall be those of the underlying Zone District, provided that variations may be permitted in the following: a. Minimum distance between buildings; b. Maximum height (including viewplanes); c. Minimum front yard; d. Minimum rear yard; e. Minimum side yard; f. Minimum lot width; 17 g. Minimum lot area; h. Trash access area; i. Internal floor area ratio; and j. Minimum percent open space. If a variation is permitted in minimum lot area, the area of any lot may be greater or less than the minimum requirement of the underlying Zone District, provided the total area of all lots, when averaged, at least equals the permitted minimum for the Zone District. Any variation permitted shall be clearly indicated on the final development plan."; "Sec. 7-903(C) (3) Planned Unit Development approval An applicant may request and the Planning Director may determine that because of the limited extent of the issues involved in a proposed Planned Unit Development in relation to these review procedures and standards, or because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Planning Director shall consider whether the full four step review would be redundant and serve no public purpose and inform the applicant during the 18 pre-application stage of whether consolidation will be permitted. An application which is determined to be eligible for consolidation shall be processed pursuant to the terms and procedures of Final Development Plan review. The Commission or City Council may, during review, determine that the application should be subject to both conceptual and final plan review, in which case consolidated review shall not occur."; "Sec. 7-907 (A) (9)&(B) Amendment of PUD development order A. Insubstantial Amendment. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved dimensional requirements. B. Other amendment. Any other amendment shall be approved pursuant to the terms and procedures of the Final Development Plan, provided that the proposed change is consistent with or an enhancement of the approved Final Development Plan. If the proposed change is not consistent with the approved Final Development Plan, the amendment shall be subject to both Conceptual and 19 Final Development Plan review and approval. During the review of the proposed amendment, the Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community conditions. This shall include, but not be limited to, applying to the portions of the development which have not obtained building permits or are proposed to be amended any new community policies or regulations which have been implemented since the original approval, or taking into consideration changing community circumstances as they affect the project ' s original representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process."; Section 3 That Article 8, Sec. 8-103(A)(3) Annual development allotment of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 8-103(A)(3) Annual development allotment 3. Commercial and office development. Twenty (20,000) thousand square feet of commercial and office space, allocated as follows. 20 a. Eight thousand (8,000) square feet of net leasable commercial and office space within the Commercial Core (CC) Zone District and Commercial (C-I) Zone District. b. Six thousand (6,000) square feet of net leasable commercial and office space within the Neighborhood Commercial (NC) Zone District and Service/Commercial/Industrial (SCI) Zone District. c. Four thousand (4,000) square feet of net leasable commercial and office space within the Office (0) Zone District; and d. Two thousand (2,000) square feet of net leasable commercial and office space within the Commercial Lodge (CL) and all other Zone Districts."; Section 4 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 21 provision and shall not affect the validity of the remaining portions thereof. Section 5 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 6 A public hearing on the Ordinance shall be held on the~~-~/' day of ~/~-t~f_~ , 1989, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once 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 ~'~-~ day of , ,~L~~, 1989. /~illiam ~. Stir'iing, Ma~or ATTEST: athrTn ~.' Koch, tit7 Cl~ FINALLY, adopted, passed and approved this ~~ day William L. Sti~ling, Ma~or 22 ATTEST: Kathryn S~och, City Clerk cccodecorrectord.22 23