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HomeMy WebLinkAboutordinance.council.053-82 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1982) AN ORDINANCE AMENDING SECTIONS 24-11.2 AND 24-11.3 AND REPEALING SECTIONS 24-11.8 and 24-11.10 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN CONCERNING EXEMPTIONS TO THE GROWTH MANAGEMENT QUOTA SYSTEM AND THE METHODOLOGY FOR CALCULATION OF RESIDENTIAL, COMMERCIAL AND LODGE DEVELOPMENT QUOTAS IN THE CITY OF ASPEN WHEREAS, Section 24-11.2 of the Aspen Municipal Code cur- rently provides for exemptions from the Growth Management Quota System competition procedures, and WHEREAS, the Aspen Planning and Zoning Commission has re- viewed the growth management exemptions as part of a comprehensive update of the growth management regulations in the City of Aspen and by its Resolution No. 82-9 did recommend that the City Council revise the exemptions to the Growth Management Quota System, and WHEREAS, the Aspen City Council does wish to accept the recommendations of the Aspen Planning and Zoning Commissison by revising the exemptions to the Growth Management Quota System. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-11.2 of the Aspen Municipal Code entitled "Exceptions" be and the same is hereby repealed and reenacted to read as follows: "Sec. 24-11.2. Exemptions. The following development activity shall be exempted from complying with the allotment procedures hereinafter provided for, subject to the review of the Planning and Zoning Commis- sion and/or the Aspen City Council where it is so specifi- cally indicated: (a) The remodeling, restoration or reconstruction of any building existing as of November 14, 1977, provided there is no expansion of commercial floor area nor crea- tion of additional dwelling units. Applicants proposing to demolish and then delay the reconstruction of a building shall be required to verify the commercial floor area and/or number of dwelling units which com- prise the building to be demolished, and shall be RECORD OF PROCEEDINGS 100 Leaves limited to reconstruction of no more than the verified total within five years of the date of demolition. Any building which is demolished shall be limited to recon- struction on the same site or on a contiguous site owned by the same individual. Applicants proposing to demo- lish single family or duplex units may verify the number of units to be demolished through an application for a demolition permit through the Building Department. Applications to verify the number of units contained within a multi-family or lodge use, or to verify the commercial square footage of an existing building shall be submitted to the Planning Office and Building Depart- ment so that a record of that which is to be demolished can be established. Failure to verify the existing num- ber of dwelling units and/or commercial square footage prior to their demolition shall result in the loss of credit for their reconstruction. (b) The enlargement of, or change of use in a structure which has received individual historic designation. (c) The construction of one single family or duplex struc- ture on townsite lots or lot subdivided prior to Novem- ber 14, 1977. (d) The construction of one single family residence on a lot subdivided after November 14, 1977, where the following conditions are met: (1) The tract of land which was subdivided had a pre- existing dwelling unit; (2) No more than two (2) lots were created by the sub- division. (e) All construction of essential governmental projects other than housing, subject to the special approval of the City Council upon the recommendation of the Planning and Zoning Commission. To be eligible for said exemp- tion, the applicant shall be required to document that the impacts of the project will be mitigated, including the employee housing generation, parking demand and the basic service provision. (f) All employee housing units deed restricted in accordance with the City's adopted employee housing guidelines which are constructed pursuant to the residential, com- mercial and lodge development allotment procedures or pursuant to the density bonus provisions of this Code, and all units constructed as part of a pure employee housing project (that is, one containing all deed re- stricted and no free market housing development) subject to the special approval of the City Council, based on the recommendation of the Planning and Zoning Commis- sion. The review of any request for exemption of units from the development allotment procedures shall include a determination of community need considering, but not limited to, the project's compliance with any adopted housing plan, including the number of units proposed and their location and the type of units proposed, specifi- cally regarding the number of bedrooms in each unit and 2 RECORD OF PROCEEDINGS 100 Leaves the size of the unit, the rental/sale mix of the devel- opment and the proposed price categories to which the units are to be deed restricted. (g) All residential dwelling units constructed in a mixed free market/deed restricted housing project wherein at least seventy (70) percent of the units are constructed and deed restricted in accordance with the City's adopted employee housing guidelines (in projects where seventy (70) percent represents proportions of units, from 0 to .49 are rounded down, .5 to .99 are rounded up to the next whole dwelling unit), subject to the special approval of the City Council, based upon the recommenda- tion of the Planning and Zoning Commission which approval shall include a determination of community need considering, but not limited to, the project's compli- ance with any adopted housing plan, specifically the number of units to be constructed, unit type, unit mix, the rental/sale mix of the development, and proposed price and rental categories. Applicants are recommended to submit an application wherein there is maintained an average of one and one-half (1 1/2) to two (2) bedrooms per unit within the deed restricted portion of the pro- ject (a studio shall be considered a three-quarter bed- room) and where at least fifty (50) percent of the resi- dential floor area is devoted to deed restricted units. (h) The expansion of an existing commercial or office use in a building by not more than five hundred (500) square feet, excluding employee housing, for the purposes of providing a small addition of space which can be shown to have minimal or manageable impact upon the community and can be justified by the benefit which will accrue to the community. For expansions which involve less than two hundred fifty (250) square feet and are for the pur- poses of providing space which is accessory to or inci- dental to the principal use, such as mechanical, stor- age, corridors and stairs, the expansion shall be approved jointly by the Planning Director and the Chief Building Inspector. For expansions which inolve any request for commercial or office space, or which involve expansions of any type of space of two hundred fifty (250) to five hundred (500) square feet, the expansion shall be subject to the special review of the Planning and Zoning Commission. The review of any request for the expansion of an existing commercial or office use shall include a determination of minimal or manageable impact on the community, considering but not limited to findings that a minimal number of additional employees will be generated by the expansion or the applicant will provide additional employee housing; that a minimal amount of additional parking demand will be created or that parking can be accommodated on site; that there will be minimal visual impact on the neighbrohood due to the project; and that minimal new demand is placed on services available at the site such as water, sewer, roads, drainage and fire protection. Applications for expansion shall be limited to a maximum cumulative com- mercial addition of five hundred (500) square feet with- in any building in the City of Aspen, provided that the 3 RECORD OF PROCEEDINGS 100 Leaves Planning Commission shall evaluate the cumulative impact of the entire expansion as a whole. (i) All development not limited by the provisions of Section 24-11.1. Provided that the Building Inspector shall report to the Planning Office each month the amount of construction and demolition of residential and lodge dwelling units and com- mercial and office square footage exempted from complying with the development allotment procedures hereinafter pro- vided for which has received building permits. The Planning Office shall compile these monthly reports on an annual basis, providing a report summarizing the amount of exempted construction and demolition of residential and lodge dwelling units and commercial and office square footage which has received building permits during the 12 months prior to the date of submission of applications for development allot- ments. It shall be the purpose of the report to summarize the amount of construction which shall be deducted from the quota of allowable development in succeeding years. The Planning Office shall also add any allotments which have been rescinded or have expired to the quota of allowable develop- ment in succeeding years. Any expansion of commercial or office uses which does not increase the computation of floor area for a buliding shall not be deducted from the quota of allowable development in succeeding years." Section 2 That Section 24-11.3 of the Aspen Municipal Code entitled "General Provisions" be and the same is hereby amended to create the following subsections: "See. 24-11.3. General Provisions. (j) The City Council shall permit the construction of pro- jects designed to meet the documented shortfall of employee housing in the community without the employee units being deducted from the quota of allowable devel- opment in succeeding years if it can be shown that the deduction of said units from the quota would entirely utilize the quota of allowable development in succeeding years and provided that said units are contained within a pure one hundred (100) percent or a 70:30 employee housing project. In the event that the Council shall consider the granting of such an exemption from the quota system, it shall require that the Planning Office evaluate the limitations on development in Aspen and report to the Council on the need for revisions to these limitations which would take effect during the subse- quent year(s). (k) If, as a result of development exempt from the develop- ment allotment procedures which is deducted from the appropriate quota there shall be available less than thirty (30) percent of the allotments in any area iden- tified in Section 24-11.1, then there shall be available 4 RECORD OF PROCEEDINGS 100 Leaves thirty (30) percent (rounded to the nearest whole num- ber) of the annual quota originally provided for that area in Section 24-11.1, it being the intention of this section that at no time shall the competition for devel- opment allotments be entirely precluded by reason of buildout on previously subdivided lots, the development of employee housing units or the development of projects within individually historically designated buildings. Any allotments made available and awarded pursuant to this section shall be deducted from the quota available in successive year(s) under Section 24-11.1" Section 3 That Section 24-11.8 of the Aspen Municipal Code entitled "Report of Building Inspector" and Section 24-11.10 of the Aspen Municipal Code entitled "Employee Housing" be and the same are hereby repealed and that Section 24-11.9 of the Aspen Municipal Code entitled "Regulations" be renumbered Section 24-11.8, that Section 24-11.11 of the Aspen Municipal Code entitled "Public Hearings" be renumbered Section 24-11.9, and that Section 24-11.12 of the Aspen Municipal Code entitled "Reserved" be renumbered Sec- tion 24-11.10. Section 4 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional 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 por- tions thereof. Section 5 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, 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. RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held ~ /~ , 1982. -.- ~? Susan E, ~ick~el, Mayor Pro Tem ATTEST: FINALLY adopted, passed and approved this day of ~ , 1982. : h~r~n Ed~l, Mayo~-~. ATTEST: ->- ~ ~at~~c , City Clerk 6 RECORD OF PROCEEDINGS 100 Leaves ,,, ,, CE, j~,£:iF -[ CA,f E S,.ATL OF COLORADO ss COUNTY OF PITKIN I, Ksthryn S. Ko,b, City Clerk of Aspen, Colorado, ~? ~ herebl cerhify EhaL tile above and foregoing ordinance was ir5roduccd, ~ead in full, and passed on r~a~z~g ac 'a regular meetin~ of the City the City ef Aspen on ~__J~_, 19~, and pubiislled in the Aspen Times a weekly newspaper of general circul- au_~on, published in the Cl{~y of Aspen, Colorado, in and approved at a regular mee'h.ing of the City Council on p,"ev~dcd bv law. IN WITNESS W[~EREOF, ! has'e hereunto sot my hand and ~k~- ~;:w~k of said C~.ty of Aspen, Colorado, this