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HomeMy WebLinkAboutordinance.council.038-82 RECORD OF PROCEEDINGS 100 Leaves (Series of 1982) AN ORDINANCE AMENDING SECTIONS OF THE ASPEN MUNICIPAL CODE TO CREATE AN L-3 ZONE DISTRICT FOR THE PURPOSE OF ZONING EXISTING LODGES TO USE IN ASPEN WHEREAS, as a result of zoning actions taken by the City of Aspen in Ordinance 11, Series of 1975, there are presently 28 lodges which are classified as non-conforming uses in Aspen, more specifically identified in Exhibit "A", attached hereto and incor- porated herein by this reference, and WHEREAS, the Aspen City Council finds that based on the data contained in the Planning Office's Draft Short Term Accommoda- tions Report, it is essential that actions be taken to support the existing mix of types and locations of short term accommodations in Aspen, including the provision of incentives for existing facilities to be preserved and upgraded, and WHEREAS, the Aspen City Coucil finds that the 1973 Aspen Land Use Plan designates the Shadow Mountain and East Aspen neighbor- hoods, in which virtually all of the these lodges are located, as ."mixed residential", a category whose intent is "to allow for a mix of residential uses interspersed with limited amounts of pro- fessional office and visitor accommodation uses in areas where these conditions presently exist. Only existing lodges should be considered for expansion in order to provide additional guest rooms ..." and WHEREAS, the Aspen Planning and Zoning Commission did con- sider a series of alternative actions designed to remove the stigma of nonconformity from the lodges and to encourage their renovation and did conclude that the alternative known as "zoning to use" be pursued further by the Planning Office, and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the Commission did adopt Resolution 82-8 recommend- ing that the Aspen City Council adopt amendments to the Municipal Code to create an L-3 zone district for the purpose of zoning existing lodges to use in Aspen, and WHEREAS, the City Council does wish to accept the recommenda- tions of the Commission by creating an L-3 zone district for the purpose of zoning existing lodges to use in Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-2.1(a) of the Code be and the same is hereby amended by the creation of a new subsection (28), as follows: (28) L-3 Lodge Preservation Section 2 That Section 24-3.2 of the Code be and the same is hereby amended by the establishment of the intent and uses for the L-3 zone district, as follows: "Intent: To preserve existing lodges in their existing loca- tions and to permit the limited expansion of these lodges wherever appropriate on-site and/or onto adjacent properties. Permitted Uses: Lodge units, lodge units having pre-existing kitchens with cooking facilities, boarding houses, dormitory; accessory use facilities intended for guests only commonly found in association with tourist accommodations in- cluding uses such as an office, lounge, kit- chen, dining room, laundry and recreation facilities; deed restricted housing for employees of the lodge. Conditional Uses: Restaurant included within a lodge opera- tion serving guests and others." Section 3 That Section 24-3.4 of the Code be and the same is hereby amended by the establishment of area and bulk requirements for the L-3 zone district, as follows: RECORD OF PROCEEDINGS 190 Leaves "Minimum Lot Area: See floor area ratio requirements. Minimum Lot Area per Dwelling Unit: No requirement. Minimum Lot Width: No requirement Minzmum Front Yard: 10. Minimum Side Yard: 5 Minimum Rear Yard: 10. Maximum Height: 25 Minimum Distance Between Principal and Accessory Building: 10. Percent of Open Space Required for Building Site: 35. External Floor Area Ratio: Established by Special Review, not to exceed 1:1. Internal Floor Area Ratio: Rental space 0.5:1 - 0.75-1, non- unit space 0.25:1, provided that 33-1/3 percent of all rental space above the FAR of 0.5:1 must be devoted to employee housing." Section 4 That Section 24-3.5(a) of the Code be and the same is hereby repealed and re-enacted as follows: "(a) Whenever it shall be indicated on the Area and Bulk Requirements Chart that the application is subject to Special Review (SR), the Planning and Zoning Commission shall allow or deny the development after considering the following criteria as they may apply to the particu- lar application in question, although the Commission need only make findings relative to criteria (1) for applications in the L-3 zone district: (1) The compatibility of the development with surround- ing land uses and zoning, including size, height and bulk, proposed site design characteristics, including landscaping and open space and visual impacts such as viewplanes; (2) Whether the applicant has documented the availa- bility and adequacy of water supply (for domestic and fire protection needs), sewage treatment, storm drainage, roads and parking facilities to serve the proposed development." Section 5 That Section 24-3.7(k) of the Code be and the same is hereby repealed and re-enacted as follows: "(k) Maximum residential density in zone districts. When- ever within the RMF, O, SCI, NC, C-1, L-I and L-2 dis- tricts multi-family structures are constructed, there shall be permitted no more than one bedroom per one thousand (1,000) square feet of lot area, nothing here- in to the contrary notwithstanding. This restriction shall not apply to sites or areas upon which the Resi- dential Bonus Overlay district has been applied in accordance with Article X of this chapter." Section 6 That Section 24-4.2(a) of the Code be and the same is hereby repealed and reenacted as follows: RECORD OF PROCEEDINGS 100 Leaves "(a) Each off-street parking space in all zone districts within the City of Aspen shall consist of an open area measuring eight and one-half (8 1/2) feet wide by eigh- teen (18) feet long and seven (7) feet high. Each park- ing space shall have a public unobstructed area for access to a street or alley. Off-street parking must be paved with all-weather surfacing or be covered with gravel and be maintained in a useable condition at all times." Section 7 That Section 24-4.5 of the Code be and the same is hereby amended by the establishment of off-street parking requirements for the L-3 zone district, as follows: "Lodge Uses: 1/Bedroom Residential Uses: Review All Other Uses: 4/1,000 square feet" Section 8 That Section 24-13.10 of the Code be and the same is hereby repealed and re-enacted as follows: "(a) All single-family, duplex, multi-family, lodge and hotel uses that were lawfully established and continually so used thereafter but located within a zoning district where such use is currently not either a permitted or conditional use are by definition non-conforming uses, but, pursuant to the provisions of this section, are to be considered conforming uses and are not subject to the provisions of Section 24-13.2, 24-13.4 and 24-13.5, pro- vided: (I) All new construction and reconstruction of a structure shall meet the area and bulk require- ments of the underlying district. If reno- vation of a structure is to be performed it shall not increase the non-conformity of the structure. For the purpose of this section, the investment of less than fifty (50) percent of the appraised value of the structure, net of land value, is considered renovation and the investment of fifty (50) percent or more of the value of the structure is considered reconstruction: (2) No increase in the number of units or square foot- age shall be allowed: (3) Any change in use shall not be to a use of a lower or less restrictive classification, but rather to a use of the same or higher classification; (4) If any such use of land ceases for any reason for a period of more than one year, any subsequent use of land shall conform to the regulations specified by the code for the district in which such land is RECORD OF PROCEEDINGS 100 Leaves located. The act of obtaining a building permit within the one-year period shall be considered suf- ficient to meet this deadline, and the use may be re-established at the completion of construction. (b) All lodge and hotel structures that were lawfully estab- lished and continually so used thereafter but located within a zoning district where such structure does not comply with the restrictions on area, lot coverage, height, yards, its location on the lot or other require- ments on the structure are by definition non-conforming structures, but pursuant to the provisions of this sec- tion, are to be considered conforming structures and are not subject to the provisions of Section 24-13.3 and 24- 13.5 provided: (1) All new construction and reconstruction of a struc- ture shall meet the area and bulk requirements of the underlying district. If renovation of a struc- ture is to be performed it shall not increase the non-conformity of the structure. For the purpose of this section, the investment of less than fifty (50) percent of the appraised value of the struc- ture, net of land value, is considered renovation and the investment of fifty (50) percent or more of the value of the structure is considered recon- struction; (2) If any such structure or non-conforming portion of a structure is destroyed by any means and shall not have been repaired or replaced within two (2) years from the date of its loss, it shall not be recon- structed except in conformance to the regulations specified by the Code for the district in which such land is located. The act of obtaining a building permit within the two (2) year period shall be considered sufficient to meet this dead- line and the structure may be re-established at the completion of construction. Section 9 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 10 A public hearing on the ordinance shall be held on the /~ day of ~, 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, 130 South Galena Street, Aspen, RECORD OF PROCEEDINGS 100 Leaves Colorado, 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~he City of Aspen, Colorado, at its regular meeting held ~~ ~ , 1982. i-: ~. , · Her~a~' Edel ~ ~yor_._ ATTEST: ~: K~thryn~oeh, City Clerk FINABB¥ adopted, passed and approved this /~"~day of ~ , 1982. ~ Herm~/~~ M~a~y/or~ A~EST: Kathr~ ~, City Clerk -- RECORD OF PROCEEDINGS 100 Leaves EXHIBIT A EXISTING NON-CONFORMING LODGES IN THE CITY OF ASPEN 1. Bavarian Inn 2. Ullr Lodge 3. Christiana Lodge 4. Boomerang Lodge 5. Swiss Chalets 6. Copper Horse 7. Applejack Inn 8. St. Moritz 9. Christmas Inn 10. Tyrolean Lodge 11. Innsbruck Inn 12. Coachlight Chalet 13. Nugget Lodge 14. Aspen Ski Lodge 15. Molly Gibson Lodge 16. Fireside Lodge 17. Hearthstone House 18. Little Red Ski Haus 19. Snow Queen Lodge 20. Cortina Lodge 21. Bell Mountain Lodge 22. Buckhorn Lodge 23. Endeavor Lodge 24. Brass Bed Inn 25. Alpina Haus 26. Northstar Lodge 27. Alpine Lodge 28. Crestahaus RECORD OF PROCEEDINGS 100 Leaves ~.~E OF COLORADO ) CERI[~ ~ATE ) SS COUNTY OF PITKIN ) I, Kathryn S. Koch, Citf Clerk of Aspen, Colorado, do hereby certify hhat the above and fozegoing or~linance was ahzon~ published in the ~> ' CL~.y O~ As[.>en, Colorado, in its and approved at a regu3ar meeting of ~he City C~ .... zl on _~, 13 ___ and ordered published as O:rd:[na~ce No ....._ , J_e.~ of [9 of s~id C~y, as XN WITNESS WHEREOP, I have he~:'eunto sam m~ hand and the seal of said City of Aspen, Colorado, this ~_. . Depuh¥' C;.~y '~ '