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HomeMy WebLinkAboutordinance.council.045-96 ORDINANCE NO, 45 (Series of ~996) AN ORDINANCE OF THE C~TY COUNCIL OF THE C~TY OF ASPEN, COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.64.040(A)(3), REVIEW STANDARDS FOR SPECIAL REVIEW, TO ALLOW THE CASHqN-LIEU FEE FOR OPEN SPACE IN THE COMMERCIAL CORE ZONE DISTRICT TO BE AMORTIZED OVER A PERIOD OF UP TO F~VE YEARS. WHEREAS, Section 26.92.030 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 a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing; and WHEREAS, the Planning Director did receive from the Isis LLC an application for an amendment to the land use regulations, and reviewed and recommended for denial, certain text amendments to Chapter 26 relating to Section 26.64.040(A)(3); and WHEREAS, the Planning and Zoning Commission reviewed the proposed · text amendment on November 19, 1996 at which time the Planning and Zoning Commission recommended denial to City Council by a vote of 5-2; and WHEREAS, the City Council finds that the text amendment as proposed is not consistent with the public welfare and purposes and intent of Chapter 26 of the Municipal Code and does not meet the review standards of Section 26.92.010, and WHEREAS, the City Council finds that the cash-in-lieu fee for open space provides an essential source of funding for acquisition of open space and creation of pedestrian improvements in the downtown area such as those proposed in the "Downtown Enhancement and Pedestrian Plan"and should not be eliminated; and WHEREAS, the City Council finds that an amendment to Section 26.64.040(A)(3), which would allow amortization of the cash-in-lieu fee for open space in the Commercial Core Zone District over a period of up to five years without interest is consistent with the public welfare and purposes and intent of Chapter 26 of the Municipal Code and does meet the review standards of Section 26.92.010. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIl_ OF THE CiTY OF ASPEN, COLORADO: Section 1: Section 26.64.040(A)(3), Review standards for Special Review, is hereby recommended to be amended to read as follows: 3. For the reduction of required open space in the Commercial Core (CC) zone district only, the applicant demonstrates that the provision of less than the required amount of open space on-site will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. As general guidelines, the applicant shall take into account the following. It may be appropriate to have open space on the site when the building is ~~ located on a street corner, or the open space can be linked to an adjacent ': historic landmark, or the open space is intended for a particular functional purpose, such as dining or the protection of an existing tree. It may be inappropriate to have open space on the site when other buildings along the street front are built to the property line, especially along public malls, or when the open space is configured in such a manner as to serve no public purpose. When the commission determines open space is inappropriate on the site, it may reduce or waive the requirement if the applicant shall make a payment-in- lieu according to the following formula: Appraised value of the unimproved land, multiplied by the percentage of the site required to be open space which is to be developed, equals value of payment. The appraised value of the property shall be determined by the submission of a current appraisal performed by a qualified professional real estate appraiser. The payment-in-lieu of open space shall be due and payable at the time of issuance of a building permit. All funds collected shall be transferred by the building inspector to the finance director, for deposit in a separate interest bearing account. Monies in the account shall be used solely for the purchase or development of land for open space, pedestrian or recreational purposes within or adjacent to the Commercial Core (CC) zone district. The comrnission may allow the required payment-in-lieu to be amortized in equal payments over a period of up to five years, without interest. Fees collected pursuant to this section may be returned to the then present owner of property for which a fee was paid, including any interest earned, if the fees have not been spent within sever (7) years from the date fees were paid, unless the council shall have earmarked the funds for expenditure on a specific project, in which case the council may extend the time period by up to three (3) more years. To obtain a refund, 'the present owner must submit a petition to the finance director within one (1) year following the end of the seventh (7th) year from the date payment was received. For the purpose of this section, payments collected shall be deemed spent on the basis of the first payment in shall be the first payment out. Any payment made for a project for which a building permit is canceled, due to noncommencement of construction, may be refunded if a petition for refund is submitted to the finance director within three (3) months of the date of the cancellation of the building permit. All petitions shall be accompanied by a notarized, sworn statement that the petitioner is the current owner of the property and by a copy of the dated receipt issued for payment of the fee. When the HPC approves the on-site relocation of an Historic Landmark into required open space, such that the amount of open space on-site is reduced below that required by this Code, the requirements of this section shall be waived. Section 2: 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 3: 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 4: A public hearing on the Ordinance shall be held on the 13th day of January, 1997 in the City Council chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in an 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 9th day of December, 1996. John Bennett, Mayor ATTEST: FINALLY, adopted, passed and approved this~.~th day of January, 1997. Johrf Bennett, Mayor ATTEST: ~City Cler/~/k~(~