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HomeMy WebLinkAboutordinance.council.060-92 ORDIN]~NCE NO. 60 (series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCILAMENDING CHAPTER 24 SECTIONS 5-213.B AND 8-104.B.1.c OF THE MUNICIPAL CODE AFFECTING PERMITTED USES FOR THE OFFICE ZONE DISTRICT AND GMQS EXEMPTIONS FOR HISTORIC LANDMARKS WHEREAS, the Planning Department has proposed to amend Sections 5-213.B and 8-104.E.l.c of Chapter 24 of the Municipal Code to broaden the permitted uses in the office zone district and the GMQS exemptions for an historic landmark; and WHEREAS, the office zone district does not encourage a mixed- uses development on a parcel; and WHEREAS, the ability to develop a mixed-use proposal is an i important tool for adaptive reuse of historic structures in the office zone district; and WHEREAS, the expansion of an historic landmark to include a residential dwelling unit together with a commercial/office space or a lodge unit exempt from the growth management competition process is an important goal of the historic preservation program; and WHEREAS, the Planning and Zoning Commission, pursuant to Section 24-7-1103, reviewed the proposed text amendments and made revisions to the proposed language at a public hearing July 7, 1992; and WHEREAS, the Commission, on July 7, 1992, recommended adoption by city Council of the text amendments to Sections 24-5-213.B and 24-8-104.B.l. Co NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF ASPEN, COLOR~DO= Section 1: That Section 5-213(B), "Permitted uses" for the "office (O)" zone district, Article 5 of Chapter 24 of the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: Section 5-213. office (0). B. Permitted uses. The following uses are permitted as of right in the office (O) zone district. 1. Detached residential dwellings and multi-family dwellings; 1 2. Professional business offices; 3o Accessory residential dwellings restricted to affordable housing guidelines; 4. Home occupations; 5. Group homes; 6. Accessory buildings and uses; 7o Dormitory; and 8. A mixed-use building(s) comprised of a residential dwelling unit and permitted and conditional uses in the Office (O) zone district so long as such conditional use has been approved subject to the standards and procedures established in Article 7, Division 3 of this chapter.i Section 2: That Section 8-104(B).1.c, "Exemption by commission" of Article 8 of Chapter 24 of the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: Section 24-8-104. Exemptions. B. Exemption by commission. 1. General. Development which may be exempted by the commission shall be as follows: c. Historic landmark. The enlargement of an historic landmark to be used as a commercial or office development which increases the building's existing floor area ratio and its net leasable square footage or the enlargement of an historic landmark which develops more than one (1) residential dwelling or three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse dormitory units or the enlargement of an historic landmark for mixed-use as a commercial, office or lodge development and which adds a residential dwelling unit, which increases the building's or parcel's existing floor area ratio and its net leasable square footage. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed as follows: (1) For an enlargement at the maximum floor area permitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the 2 applicant shall provide affordable housing at one hundred (100) percent of the level which would meet the threshold required in Section 24-8-106 for the applicable use. For each one (1) percent reduction in floor area below the maximum permitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the affordable housing requirement shall be reduced by one (1) percent. The applicant shall place a restriction on the property, to the satisfaction of the city attorney, · requiring that if, in the future additional floor area is requested, the owner shall provide affordable housing impact mitigation at the then current standards. Any affordable housing provided by the applicant shall be restricted to the housing designee's Category 3 price and income guidelines as set forth in the Affordable Housing Guidelines establishedby the Aspen/Pitkln County Housing Authority. (2) Parking shall be provided according to the standards of Article 5, Division 2 and Division 3 of this chapter, if HPC determines that it can be provided on the site's surface and be consistent with the review standards of Article 7, Division 6 of this chapter. Any parking which cannot be located on- site and which would therefore be required to be provided via a cash-in-lieu payment shall be waived. (3) The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the commission~ (4) The compatibility of the project's site design with surrounding projects and its appropriateness for the site shall be demonstrated, including but not limited to consideration of the quality and character of proposed landscaping and open space, the amount of site coverage by buildings, any amenities provided for users and residents of the site, and the efficiency and effectiveness of the service delivery area° Section 3: 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 provision and such 3 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: c hearing on the Ordinance shall be held on the /_~__ day of , 1992 at 5:00 P.M. in the City Council Chambers, Aspen city Hall, Aspen Colorado, fifteen (15) days prior to whichi a hearing of public notice of the same shall be published inl a newspaper of general circulation within the City of Aspen° INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by th$ city Council of .the City of Aspen on the /~ day of ~~__, 1992 John B~ennett, Mayor Kathryn~. KoCh, Cl~y er FINALLY ADOPTED this/~ day of~ 1992.~ .~ ///~ j John ~nnett, Mayor ATTEST·/~ ~-~ Kathryn Si~ Koch,.~ity Cl~rk 4