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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING
CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO WIT:
SECTION 26.04.100 DEFINITION FOR LODGE;
SECTION 26.28.210 LODGE PRESERVATION ZONE DISTRICT;
SECTION 26.28.320 CREATION OF A LODGE OVERLAY ZONE DISTRICT;
SECTION 26.52.010 COMMON DEVELOPMENT PROCE][)URES;
SECTION 26.100.040 ANNUAL RESIDENTIAL AND TOURIST ACCOMMODATIONS
DEVELOPMENT ALLOTMENTS;
SECTION 26.102.010 ANNUAL COMMERCIAL AND OFFICE DEVELOPMENT
ALLOTMENTS; AND
SECTION 26.100.050 GROWTH MANAGEMENT EXEMPTIONS.
ORDINANCE 29, SERIES OF 1996
WHEREAS, Section 26,92,020 of the Municipal Code provides that amendments to
Chapter 26 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for
approval by the Planning Director and then by the Planning and Zoning Commission at public
hearing, and then approved, approved with conditions, or disapproved by the City Council at public
'It hearing; and
WHEREAS, the Planning Office has detennined that the Lodge Preservation (LP) Zone
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District of the land use regulations are no longer in the best interests of the City of Aspen or the
lodging community, and
WHEREAS, the Planning Office recommends that certain sections of the Code be
amended to allow lodge owners the ability to convert to other uses or expand lodges through the
use of the exemption process and allocations provided for in the amendments to the Quota System
(GMQS); and
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WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments
and did conduct public hearings thereon on July 16, 1996 and July 30, 1996; and
WHEREAS, upon review and consideration of the text amendments, agency and public
comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal
Code, to wit, Division 92 (Text Amendments), the Planning and Zoning Commission has
recommended approval of the text amendments recommended by the Planning Director pursuant to
procedure as authorized by Section 26,92,030 of the Municipal Code; and
WHEREAS, the Aspen City Council has reviewed and considered the text amendments
under the applicable provisions of the Mmucipal Code as identified herein, has reviewed and
considered those recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public heaTing; and
WHEREAS, the City Council fmds that the text amendments meet or exceed all applicable
development standards and is consistent with the goals and elements of the Aspen Area
Community Plan; specifically policy #12 in the CommerciaIlRetail Action Plan which reads as
follows: ," Revise the Lodge Preservation Zone District to allow a range of mitigation and allow
for minor expansion with less mitigation required in order to maintain the small lodge inventory in
the community."; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public
health, safety, and welfare; and
WHEREAS, the City Council finds that the proposed text amendments will allow the
expansion and conversion of existing lodge uses, will promote compatibility of zone districts and
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land uses with existing land uses and neighborhood characteristics, and will be consistent with the
public welfare and the purposes and intent of Chapter 24 of the Municipal Code,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 26,92,020 (Standards of Review) of the Municipal Code, the City
Council finds as follows in regard to the text amendments:
I, The proposed text amendments as set forth in the Plan are not in conflict with the provisions
of Chapter 26 of the Municipal Code or the Aspen Area Community Plan,
2, The proposed text amendments will promote the public interest and character of the City of
Aspen,
Section 2: Section 26,04,100 of Chapter 26 of the Aspen Municipal Code is amended to add a
definition of "Lodge", which text shall read as follows:
Lodge means a building previously zoned Lodge Preservation (LP) containing three (3)
or more individual rooms for the purpose of providing lodging facilities on a short or
long-term basis, for compensation, with or without meals, and which has common
facilities for reservation and cleaning services, and on-site management and reception.
A lodge may include kitchens within individual rental units,
Section 3: Section 26.28,210 of Chapter 24 of the Aspen Municipal Code which established the
Lodge Preservation (LP) Zone District is hereby repealed in it's entirety,
Section 4: Section 26,28 of the Aspen Municipal Code, is hereby amended to add a Lodge
Preservation Overlay Zone District which text shall read as follows:
26.28.320 Lodge Preservation Overlay Zone District
A, PUrDose: The purpose of the Lodge Preservation (LP) Overlay Zone District is to
provide for and protect small lodge uses in areas historically used for lodge accommodations,
to permit expansion of these lodges when such expansions are compatible with neighboring
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properties, and provide an incentive for upgrading existing lodges on-site or onto adjacent
properties,
B. Permitted Uses, The following uses are permitted as of right in the LP Overlay Zone
District,
1. Lodge Units;
2, Boarding House;
3, Dormitory;
4, Accessory use facilities intended for guests of permitted lodge units, boarding house or
dormitory, which are commonlyfound in association and are for guests only,
including office, lounge, kitchen, dining room, laulJdry and recreational
facilities;
5, Affordable housing for employees of the lodge;
6. Accessory buildings and uses,
7. Condominiumization, with the requirement that the lodge must maintain management
facilities and make the unit available for short-term rentals through ACRAfor 50% of a calendar
year,
C. Conditional Uses, The following uses are permitted in the LP Overlay Zone District,
subject to the standards and procedures established in Chapter 26,60,
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1,
2,
3,
Restaurant included within a lodge operation serving guests and others;
Timesharing;
Affordable Housing.
D, Dimensional Requirements, The following dimensional requirements shall apply to all
permitted and conditional uses in the LP Overlay Zone District,
1, Minimum lot size (square feet): No Requirement
2, Minimum lot area per dwelling unit (square feet): No Requirement
3, Minimum lot width (feet): No Requirement
4, Minimum front yard (feet): 10
5, Minimum side yard (feet): 5
6, Minimum rear yard (feet): 10
7. Maximum height (feet): 25
8, Minimum distance between principal and accessory buildings (feet): 10
9, Percent Open Space requiredfor building site: 35 (Can be varied by special review
pursuant to Section 26,64)
10, External Floor Area Ratio: Established by special review pursuant to Section 26. 64, not
to exceed 1: 1,
11. Internal Floor Area Ratio:
Lodge Rental Space: Maximum of. 75:1, which can be increased to 1:1 internal
FAR of lodge rental space provided that 33,3% of the additionaljloor
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area is approvedfor residential use restricted to affordable housingfor
employees of the lodge,
Off-street varking requirement, The following off-street parking spaces shall be
provided for each use in the LP overlay zone district, subject to the provisions of
Chapter 26,32,
], Lodge Use: 0,7 spaces/bedroom, of which 0,2 spaces per bedroom can be provided via a
payment in lieu pursuant to Chapter 26. 64,
2, All other uses: 4 spaces/lOOO square feet of net leasable area,
Section 5: Section 26.100,040 of the Aspen Municipal Code, Annual Development Allotments, is
hereby amended which text shall be inserted into the existing allocation table and shall read as
follows:
Development Types
Tourist Accommodations, Lodge Expansion Associated
Allotments
1997
*
*
1996
11
1998
Free Market Residential, Lodge Conversion Associated
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* The number of allotments for lodge expansion for 1997 and 1998 allocations shall be determined
by the Community Development Director using the following formula:
A = B- (C*D)
A = Small Lodge Expansion Pool Available Annually for 1997 and 1998
B = Number of Lodge Units Converted through the LP Change-In Use for the Previous Year
C = Free Market Units Allocated through the LP Change In Use for the Previous Year
D = Impact Conversion Factor of2,5 Lodge Units per Free Market Unit
Section 6: Section 26.102,030 of Chapter 26 of the Aspen Municipal Code, Commercial and
Office Development Annual Development Allotments, is amended to include a new section, which
text shall read as follows:
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A, 5, 4,000 square feet a year of net leasable commercial and office space for properties previously
zoned Lodge Preservation (LP), and compliance with Section 26,100.050 "Change in
Use/Expansion of Lodges",
Section 7: Section 26,100,050 of Chapter 26 of the Aspen Municipal Code, Growth Management
Exemptions is hereby amended to add an additional exemption, which text shall read as follows:
C. Exemption by City of Aspen Planning and Zoning Commission.
1, General,
a, Timing of Exemption Request, No development shall be considered for an exemption by
the Community Development Director until a complete application has been submitted pursuant
to Section 26,52,070,
2, Planning and Zoning Commission exemptions that are deducted from the annual
allotment pool or from the metro area development ceilings, The following exemptions shall be
deducted from the respective annual development allotment established pursuant to Section
26.100,040 or from the metro area development ceilings established pursuant to Section
26,100,030,
a. Change in Use/Lodge Expansion. A change in use of any existing structure
previously zoned LP to either commercial/office or residential use, or the expansion of an
existing lodge previously zoned LP shall be exempt from growth management competition
and scoring procedures, provided that the following conditions are met:
1) The Planning and Zoning Commission determines in a public hearing that
employee housing or cash-in-lieu will be provided to mitigate for additional employees
generated by the change in use or expansion. This shall include an analysis and credit
for existing employee housing and the incremental impact between the existing use and
the proposed conversion;
2) The Planning and Zoning Commission determines in a public hearing that
sufficient parking spaces will be providedfor the change in use or expansion or cash-in-
lieu will be used;
3) The Planning and Zoning Commission determines in a public hearing that the
change in use or expansion is compatible with the character of the existing
neighborhood;
4) The Planning and Zoning Commission determines in a public hearing that
adequate public facilities exist or will be provided for the change in us of the existing
neighborhood;
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5)
No zone change is required
6)
The proposal is consistent with the Aspen Area Community Plan
The proposed conversion or expansion will be deductedfrom the appropriate GMQS Lodge
Conversion or Expansion Pool, pursuant to Section 26,100,040,
Process for Allocations
An annual lottery held during a regularly scheduled Commission meeting shall be established
for lodges requesting conversion or expansion. Each lodge can apply for inclusion in the lottery.
Each lodge selected in the pool shall be allowed to go through the change in use process,
Separate lotteries shall be held for free market conversion, expansion or commercial/office use,
The total number of lodges allowed to be selected in the lottery shall be based on the potential
buildout available for the selected lodge,
For example, each lodge has a potential buildout based on underlying zoning that determines the
number of free market homes possible on each property, as well as the allowed square footage of
commercial or office space, As the lottery progresses, a running total of potential buildout of
units or commercial/office square footage as determined by underlying zoning, shall be kept.
Once the total allowable GMQS allocations for lodge expansion or conversion is reached or
exceeded by the last selected lodge, one additional lodge applyingfor change 'in use shall be
selected and the lottery shall end
If the total number of free market units or non-residential square footage allowable under
underlying zoning are not awarded through the annual change in use process, the last selected
lodge can apply for the change in use process for these remaining allocations, Multi-year
allocations can be awarded if the Commission approves a change in use application for the
units that exceed the annual quota, and the following years allocations shall be adjusted
accordingly. Any allocations left following all change in use applications shall be returned to
the pool for future allocation.
Potential lodge expansion units for 1996 shall be 11 lodge units, Subsequent years lodge
allocations shall be determined by the conversion formula and the number of free market
conversion units approved by the Planning and Zoning Commission during the previous year, as
described in Section 26,100,040, This shall be determined by the Community Development
Director,
In order to prevent speculation or residential quota banking, a lodge awarded residential
allocations would be required to apply for a land use application for a change in use within nine
(9) months of the lottery date, followed by the securing of an active building permit and an
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abandonment of the lodge use within eighteen (18) months of the lottery date, If no land use
application is submitted within nine (9) months from the date of the lottery, no quota received
will revert to the next lottery winner, If no building permit is issued within eighteen (18) months,
the units awarded would be added to the next GMQS pool, and the lodge can not compete in the
lottery for five (5) years, or some other period of time suitable to the Planning and Zoning
Commission.
The deadline established above for building permits and land use submittals are not required for
commercial allocations until all necessary quotas for aproject are secured, whereupon a lodge
awarded the full allocation necessary for its project would be required to submit a land use
application for a change in use within nine (9) months of the lottery date on which all necessary
quotas were obtained, followed by the securing of an active building permit, and an
abandonment of the lodge use within eighteen (18) months of the lottery date on which all
necessary quotas were obtained. If no land use application is submitted within nine (9) months,
or no building permit is issued within eighteen (18) months of the lottery date on which all
necessary quotas were obtained, the units awarded will be added to the next GMQS pool, and
the lodge could not compete in the lottery for five (5) years, or some other period of time suitable
to the Planning and Zoning Commission.
An extension of the nine (9) month or eighteen (18) month deadline can only be granted by the
Planning and Zoning Commission based on a goodfaith effort on the part of the applicant to file
an application or obtain a building permit,
A mixed use residential and commercial development, where permitted by underlying zoning,
would require the residential component of the project to be developed within the time limits
imposed on residential development, as outlined above, even if it requires the phasing of the
development project,
The schedule for application for the change in use or lodge expansion lottery for 1996 are as
follows:
November 15, 1996 - Conversion of previously zoned LP properties to Free Market Units
November 15, 1996 - Conversion of previously zoned LP properties to Non-Residential Uses
November 15, 1996 - Expansion of Lodges previously zoned LP,
For 1997 and 1998, the schedule for application for change-in-use shall be established by the
Community Development Director,
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Section 9: An application packet shall be developed by the Community Development Director
by October I, 1996, and shall be provided to each applicant at a pre-application conference
consistent with Section 26,52,020,
Section 10: 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 11: 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 12: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy
of this ordinance in the office of the Pitkin County Clerk and Recorder,
Section 13: A public hearing on the Ordinance was held on the 26th day of August, 1996 at 5:00
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) 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 ~ day of
(2~~u/~, 1996,
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John Bennett, Mayor
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Kathryn S. Koch, City Clerk
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FINALLY, adopted, passed and approved this
au /JJf4~996,
.z{p day of
VI 13~'--
Attest: ~
Kathryn S. Koch, City Clerk
File Location: C:\HOMEIDA VEMICASESIORDINANCILODGE29,DOC,
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