HomeMy WebLinkAboutordinance.council.013-05ORDINANCE NO. 13
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE
CITY OF ASPEN MUNICIPAL CODE: 26.104.100 - DEFINITIONS; 26.575.040-
YARDS; 26.590- TIMESHARES; 26.710.220- CONSERVATION ZONE
DISTRICT.
WHEREAS, the Community Development Department proposed an application
for an amendment to Title 26 of the City of Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310 of the Aspen Municipal Code,
applications to amend the text of Title 26 shall be reviewed and recommended for
approval or denial by the Community Development Department and then by the Planning
and Zoning Commission at a public heating. Final action shall be by the City Council
after reviewing and considering the above recommendations; and,
WHEREAS, during a duly noticed public heating on February 1, 2005, the
Planning and Zoning Commission heard the recommendation of the Community
Development Director, took public comment and approved Resolution No. 7, Series of
2005, recommending that City Council approve the proposed land use code amendments;
and,
WHEREAS, during a duly noticed public hearing on March 14, 2005, the Aspen
City Council considered the recommendation of the Planning and Zoning Commission,.
the Community Development Director, and took public comment and approved
Ordinance No. 13, Series of 2005, approving miscellaneous land use code amendments;
and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and,
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY
OF ASPEN THAT:
Pursuant to the procedures set forth in Land Use Code Section 26.310, Amendments to the
land use code and official zone district map, City Council hereby approves the land use code
amendments identified herein.
Section 1:
That the following definition of "Exterior Passageway" be added to Land Use Code Section
26.104.100, Definitions:
Exterior Passageway. An unenclosed deck on the second floor or above that is
open on at least two (2) sides that links two or more enclosed portions of a
structure and serves as a principal access to outsideqoaded lodge rooms or multi-
family dwelling units.
Section 2:
That the definition of "Storage Area" in Land Use Code Section 26.104.100, Definitions,
shall be amended to read as follows:
Storage Area. A detached accessory structure, or a separately accessible portion
of structure, intended to house items normally associated with the principal use of
the property but not independently capable of residential, commercial, or lodging
use. Areas defined for storage purposes shall not contain plumbing fixtures or
mechanical equipment that support the principal residential, commercial, or
lodging use of the property. Mechanical equipment may be located in
conjunction with storage space, but the floor area on which mechanical equipment
exists shall not be considered storage area.
Section 3:
That Land Use Code Section 26.575.040(A)(3), Yards, be amended to read as follows:
Section 26.$75.040(A)(3): Balconies not utilized as an exterior passageway, may
extend the lesser of one-third of the way between the required setback and the
property line or four (4) feet.
Section 4:
That Land Use Code Section 26.710.220(B), be amended to add "Temporary special
events associated with ski areas including, but not limited to, such events as ski races,
bicycle races and concerts; with special event committee approval" as a permitted use in
the Conservation Zone District.
Section 5:
That the last paragraph of Land Use Code Section 26.590.070(A)(3), Fiscal Impact
Analysis and Mitigation, be amended as follows:
Section 26.590.070(A)(3), Review standards for timeshare lodge development
(last paragraph)- If the fiscal impact study demonstrates there will be an annual
tax loss to the city from the conversion of an existing lodge to a timeshare lodge
in any of the specific tax categories (property tax, sales tax, lodging tax, RETT
tax), then the applicant shall be required to propose a mitigation program that
resolves the problem, to the satisfaction of the Aspen City Council. Analysis of
the Fiscal Impact Study shall compare existing tax revenues for a lodging
property with anticipated tax revenues. The accepted mitigation program shall be
documented in the PUD Agreement for the project that is entered into between the
applicant and the Aspen City Council.
Section 6:
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 7:
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 8:
A public heating on this Ordinance was held on the 14a~ day of March, 2005, at 5:00 p.m. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on this 28th day of February, 2005.
ATTEST:
FINALLY, adopted, passed, and approved this 14th day of March, 2005.
ATTEST:
Kathryn S. K~, CityrClerk
Approved as to form:
J~ Wg~'c3sTgr, C~¢ Attorney