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HomeMy WebLinkAboutordinance.council.035-92 ORDINANCE NO. 35 (Series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 24 SECTIONS 5-Z13.E.3 AND 7-404oB OF THE MUNICIPAL CODE AFFECTING PARKING REQUIREMENTS FOR THE OFFICE ZONE DISTRICT AND SPECIAL REVIEW FOR PARKING WHEREAS~ Pitkin County has proposed to amend Sections i5- 213.E.3 and 7-404.B of Chapter 24 of the Municipal Code to change the parking requirements for the office Zone District; and WHEREAS, the Office Zone District does not provide the parking mitigation flexibility that other commerical zone districts offer; and WHEREAS, the staff, Planning and Zoning Commission and City Council having been made aware that rigid parking requirements may encourage demolition of buildings or the paving of open land area in order to conform with legislated parking requirements; and WHEREAS, staff reviewed current parking requirements and proposes amendments to existing parking requirements that consider preexisting or newly created nonconformities for existing buildings; and WHEREAS, staff and the County have suggested several amendments to Chapter 24 of the Municipal Code that provide for parking mitigation in manners other than cash-in-lieu when itlis unfeasible to provide parking on-site; and WHEREAS, the Commission, pursuant to Section 24-7-1103, has reviewed and approved the amendments at a public hearing March 31, 1992 and recommended adoption by City Council. NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That Section 5-213(E), "Off-street parking requirement" for the "Office (O)" zone district, Article 5 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended at subparagraph "3" to read as follows: Section 5-213. Office (O). E. Off-street parking requirement. 3o Ail other uses: 3 spaces/i,000 sq. ft. of net leasable area; these spaces may be mitigated via a payment in lieu! or off-site parking that is approved by the commission by special review pursuant to Article 7, Division 4. 1 Section 2: That Section 7-404(B), "Off-street parking requirements" of Article 7 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Section 7-404. Review standards for special review. B. Off-street parking requirements. Whenever the off-street parking requirements of a proposed development are subject itc establishment and/or mitigation via a payment in lieu by special review, the Development Application shall only be approved if the following conditions are met. 1. In all zone districts where the off-street parking requirements are subject to establishment and/or mitigation by special review, the applicant shall demonstrate that the parking needs of the residents, customers, guests and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, the projected impacts onto the on-street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, suchias vans, provided for residents, guests and employees. In determining whether to accept the mitigation or whether to require that the parking be provided on-site, the commission shall take into consideration the practical ability of the applicant to place parking on- site, whether the parking needs of the development have been adequately met on-site and whether the city has plans for a parking facility which would better meet the needs of the development and the community than would location of the parking on-site. 2. In all zone districts, where the off-street parking requirement may be provided via a payment in lieu, the applicant shall make a one-time only payment to the city, in the amount of $15,000 per space. Approval of the payment-in-lieu shall be at the option of the commission. The payment-in-lieu of parking shall be due and payable at the time of issuance of a building permit. Ail 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 construction of a parking structure or similar new parking facility within or adjacent to the zone districts to which this subsection applies. 2 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 seven (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 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 paymentlin shall be the first payment out. Any payment made for a project for which a building permit is cancelled, dueito 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. In order to insure that the payment-in-lieu rate is fair and represents current cost levels, it shall be reviewed within two (2) years of its effective date, and every two (2) years thereafter. Any necessary amendments to this section shall be initiated by the commission or the city council to address the results of the review. Section 3: If any section, subsection, sentence, clause, phrase or portionlof this ordinance is for any reason.held invalid or unconstitutional by any court of competent jurisdiction, such provision and sUch holding shall not affect the validity of the remaining portions thereof. Section 4: This Ordinance shall not effect 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 5: 3 blic hearing on the Ordinance shall be held on the ~__ dayiof , 1992 at 5:00 P.M. in the city'Council Chambers, AsPen City ~all, Aspen Colorado, fifteen (15) days prior to whichi a hearing of public notice of the same shall be published in~ a newspaper of general circulation within the City of Aspen. INTRODUCED, READ ~ND ORDERED PUBLISHED as provid.gd by law, by t~QCity~Council of the city of Aspen'on the ~ day of 1992. ~ ~., John/B~nett, Mayor KathrMn ~. K6¢h, City'Clerk FINALLY ADOPTED this {~ day of~992~ ~TTEsT ~ j~-~ John Bennett, Mayor Kathryn ~S. K0~,- City Clerk - 4