HomeMy WebLinkAboutordinance.council.005-00 ORDINANCE NO. ~
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COLrNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND THE DEFINITIONS, SPECIAL REVIEW,
AFFORDABLE HOUSING AND EXEMPTIONS FOR HISTORIC LANDMARKS
PROVISIONS OF THE GROWTH MANAGEMENT QUOTA SYSTEM,
DEVELOPMENT ORDERS, AND VESTED RIGHTS PROVISIONS OF THE
LAND USE CODE, RESPECTIVELY SECTIONS 26.100.104~ 26.470, 26.304,
26.308, AND 26.430 OF THE LAND USE CODE.
WHEREASI the Planning Director of the Community Development Department
proposed amendments to the Definitions, Special Review, Affordable Housing and
Exemptions for Historic Landmarks provisions of the Growth Management Quota
System, Development Orders, and Vested Rights provisions of the Land Use Code
pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to Sections 26.104.100, 26.470,
26.304.070, 26.308, and 26.430 of the Land Use Code of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Planning Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Planning Director recommended approval of amendments to the
Land Use Code, as described herein; and,
WHEREAS, the Planning and Zoning Commissiun opened the public hearing to
consider the existing and proposed Land Use Code amendments, took m~d considered
public testimony and the recommendation of the Planning Director and recommended, by
a four to zero (4-0) vote, City Council adopt the proposed amendment to Sections
26.100.104, 26.470.070(J), and 26.430 of the Land Use Code as described in P&Z
Resolution 00-10 and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the existing and proposed Land Use Code amendments, took and considered
public testimony and the recommendation of the Planning Director and recommended, by
a five to zero (5-0) vote, City Council not adopt the proposed amendment to Section
26.470.470(3)(B) of the Land Use Code as described in P&Z Resolution 00-18; and,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Plarming and Zoning Commission, mad members of
the public during a duly noticed public hearing; and,
Ordinance No.__, Series of 2000.
Page I
WHEREAS, the City Council finds that the text amendments to Sections
26.104,100, 26.470, 26~304.070, 26.308, and 26.430 of the Land Use Code of the Aspen
Municipal Code, as described herein, meet or exceed all applicable standards and that the
approval is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1:
Section 26.100.104, Definitions, which section describes the meaning of terms used in
the Land Use Code is hereby amended by inclusion of the following terms and
definitions:
Townsite or OriginalAspen Townsite. Land depicted on the City of Aspen
incorporation plat of record, dated 1880. Parcels of land lying partially within this
area shall not be considered within the Original Townsite.
Non-Profit Organization. An entity which has received a favorable
determination letter from the United States Internal Revenue Service
regarding their tax exempt status, and is incorporated, subject to or in
compliance with the applicable provisions of the Colorado Revised Statutes
(CRS) Corporations and Associations articles 121 to 137.
Carport. A roofed structure providing space for the parking of automobiles and
enclosed on not more than three sides.
Garage. A roofed structure providing space for the parking of automobiles and
enclosed on all sides.
Commercial Use. Land or a structure intended to support offices, retail,
warehousing, manufacturing, commercial recreation, restaurant/bar, or service
oriented businesses, not including lodges or hotels.
Retail Use. Commercial land use intended for sale or distribution of products or
services to the general public for profit.
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.
Ordinance No.__, Series of 2000.
Page 2
Wildlife Resistant Dumpster or Trash Enclosure. A device or structure intended
to store domestic refuse and limit access by non-domestic mammals meeting the
requirements of Municipal Code Chapter 12.08 - Wildlife Protection.
Trash Compactor. A mechanical device intended to minimize volume and store
domestic refuse meeting the requirements of Municipal Code Chapter 12.04 -
Solid Waste.
PUD Development Plan. A recorded document describing the land uses,
densities, configuration, improvements, and character of an approved Planned
Unit Development referencing associated regulatory approvals and agreements.
PUD Development Agreement. A recorded document between the City of Aspen
and a project owner/developer describing an approved Planned Unit Development
and describing or referencing regulatory approvals, policies related to land uses,
financial assurances for physical improvements, deed restrictions, timing of
improvements, acceptance procedures for improvements, non-compliance
provisions, and any other requirements of the land use approval.
Subdivision Agreement. A recorded document between the City of Aspen and a
project owner/developer describing an approved Subdivision, the associated
regulatory approvals, financial assurances for physical improvements, timing of
improvements, acceptance procedures for improvements, and non-compliance
provisions, and any other requirements of the land use approval.
Pre-Application Conference. A meeting between a potential land use applicant,
and/or their representative, and member(s) of the Community Development
Department held prior to submission ora land use application where aspects of
development regulations, review criteria, review processes, application contents,
and application fees are discussed. (See, Common Development Review
Procedures - Section 26.304.020 Pre-Application Conference.)
Footprint. The horizontal extent to which a structure covers the ground plane as
represented in plan view' including cantilevered building elements but excluding
eaves and similar architectural projections of the roof plane.
Deck. An outdoor, unheated area appended to a living space but not intended for
living.
Balcony. Same as a deck.
Loggia. A deck, or porch attached to a living space and open on at least one side
developed under a roof as an integral part of the building's mass rather than as an
appended element.
Ordinance No.__, Series of 2000.
Page 3
Aspen Community Growth Boundary. Same as Aspen Metropolitan (Metro)
Boundary.
Section 2:
Section 26.100.104, Definitions, which section describes the meaning of terms
used in the Land Use Code is hereby amended by revising the following terms and
their definitions, where the new definitions will read as follows:
Aspen Metropolitan (Metro) Boundary. That geographic area described and
illustrated in the Aspen Area Community Plan, as amended from time to time,
encompassing both the City of Aspen and its environs. (Also known as the Aspen
Community Growth Boundary.)
Zodge. Same as hotel, except that lodges, and all lodge units within a lodge, in
the Lodge Preservation (LP) Overlay Zone District must be available for
overnight lodging by the general public on a short-term basis for at least six
month of each calendar year, and may have kitchens within individual lodge
rooms.
EssentialPublic Facility. A facility which serves an essential public purpose,
is available for use by, or benefit of, the general public and serves the needs of the
community.
Development Order. A written authorization issued pursuant to the terms of this
Title to undertake development according ro an approved site specific
development plan. (See. Common Development Review Procedures - Section
26.304,070 Developmem Orders.)
Section 3:
Section 26.430.030, .Applicability of Special Review, which section describes the types of
development subject to the provisions of Special Review, is hereby amended to read as
follows:
Special review shall apply to all development in the City of Aspen designated for
special review by the following Chapters or Sections of this Title:
· Dimensional requirements (Chapter 26.710 - Zone Districts),
Replacement of non-conforming structures ( Chapter 26,312)
· Reduction of open space requirements in CC zone district (Section
575,030(B)),
· Increase of floor area.
· Off-street parking requirements (Section 26.515.040),
· Reductions in the dimensions of utility/trash service areas (Section
26,575.060),
· Subdivision standards (Section 26.480.050).
· Accessory Dwelling Unit Design Standards (Section 26,520)
Ordinance No.__, Series of 2000.
Page 4
Section 4:
Section 26.430.040 (D), Review Standards for Special Review, which section describes
the criteria in which development subject to Special Review is evaluated, is hereby
amended to read as follows:
26,450.040(D)
Increase of FloorArea. Whenever a special review is conducted to determine an
increase in the external Floor Area Ratio, as provided in specified zone districts,
the development application is subject to the following criteria:
1. A minimum of sixty (60) percent of the additional floor area shall be
affordable housing, with no more than forty (40) percent of the additional
floor area intended for other uses.
2. The development complies with the dimensional requirements criteria of
Section 26.430.040(A) above.
3. For Historic Landmark Structures the affordable housing portion of the
additional floor area may be provided either off-site or via a cash-in-lieu
payment, if the following criteria are met:
a) In order to ensure the addition is compatible with the Historic Landmark
in terms of design, scale, site plan, massing, or volume, on-site affordable
housing mitigation is undesirable.
b) Any off-site affordable housing mitigation is provided at a level meeting
or exceeding the provisions of Section 26.470.070(D)(5).
c) The amount of non-affordable housing floor area does not exceed forty
(40) percent of the additional Floor Area Ratio allowed by Special
Review.
Section 5:
Section 26.470.070(J), Affordable Housing, which section describes the types of
development which may receive an exemption from the scoring and competition
procedures of the Growth Management Quota System. is hereby amended to read as
follows:
Affordable housing. All affordable housing deed restricted in accordance with the
housing guidelines of the City Council and its housing designee shall be exempt
from the competition and scoring procedures. The review of any request for
exemption of housing pursuant to this Section shall include:
1. A determination of the City's need for affordable housing.
2. The proposed development's compliance with the Aspen Area Community
Plan, housing sections, and addendum of said plan.
Ordinance No.__, Series of 2000.
Page 5
3. The proposed location, number, type, size, rental/sale mix, and price/income
restrictions of the affordable housing units.
4. The phasing of affordable housing unit production in relation to impacts being
mitigated through such provision.
This exemption is deducted from the respective annual development allotment
established pursuant to Section 26.470.040 and from the Aspen Metro Area
development ceilings established pursuant to Section 26.470.030. Review is by
City Council.
Section 6:
Section 26.304.070(D) and (E), Expiration of Development Orders and Revocation of
Development Orders, which sections describe the effect of a development order in
relation to vested property rights, and the manner in which a development order may be
revoked, is hereby amended to read as follows:
D. Expiration of development order. The development order shall not expire but
shall be subject to any amendments to the Land Use Code, that have been adopted
since the development was approved, after the period of vested rights has expired.
Vested property rights, including allotments received pursuant to Chapter 26.470,
shall expire on the day after the third anniversary of the effective date of the
development order, unless a building permil is approved pursuant to Section
26.304.075, or unless an exemption or extension of the approval is granted by the
City Council pursuant to Section 26.308.
E. Revocation of development order. The approval of a site specific development
plan and subsequent issuance of a development order may be made with or
without conditions. Failure to fully abide by the terms of any of the conditions of
approval may result in the revocation of the development order and all associated
vested property rights in accordance with Section 26.308,010(E).
Section 7:
Section 26.470.470(3)(b) Exemptions - Historic Landmarks whicb describes Growth
Management Quota System (GMQS) exemptions for enlargements of historic landmarks
for use as a commercial or office development, is hereby amended to read as follows:
Increase in FAR and net leasable square footage.
The increase in FAR and net leasable square footage for a historic landmark to be used
as a commercial, office, or mixed use development including a residential component
shall be reviewed by the Growth Management Commission for an exemption.
The applicant shall demonstrate that as a result of the development, mitigation of the
project's community impacts will be addressed by the standards set forth at sub-Section
5, below. Upon a recommendation from the Growth Management Commission, City
Ord/nance No.__, Series of 2000.
Page 6
Council may waive, reduce, or defer the affordable housing mitigation as required,
pursuant tp subsection 5(a) below, when it finds that no employees will be generated.
Section 8:
Chapter 308, Vested Property Rights, which section describes the rights conferred, effect
or expiration, process for exemption or extension of expiration, and process for
revocation of vested property rights is hereby amended to read as follows:
Chapter 26.308
VESTED PROPERTY RIGHTS
26.308.010 Vested property rights.
A. Rights conferred. A deve. lopment order constitutes a site specific development
plan and subject to a vested property right. A vested property right is subject to
expiration (See Section 26.304.070(D)), revocation (See Section 26.304.070(E)),
and ali rights of referendum and judicial review. A vested property right shall
preclude any zoning or land use action by the City of Aspen or by an initiated
measure which would alter, impair, prevem, diminish, or otherwise delay the
development or use of the property, as set forth in the development order, except
as set forth in Section 24-68-105, Colorado Revised Statutes, as amended.
B. Exemption from expiration of Vested Rights.
1. The City Council may by resolution at a public hearing noticed by
publication (See Section 26.304.060(E)(3)(a)) approve an exemption of the
expiration of vested rights ~n accordance with this Section. Only subdivisions
composed of detached residential or duplex units shall be eligible for exemption
from the expiration provisions of Section 26.304.070(D). To obtain an exemption.
an application for exemption shall be submitted m any time prior to the third
anniversary of the effective date of the development order which shall
demonstrate to the satisfaction of City Council that:
a. Those conditions applied to the project m the time of its final
approval that were m have been met as of the date of application for
exemption have been complied with; and
b. Any public or private improvements that were required to be
installed by the applicant prior to construction of any dwelling milt have
been installed.
2. An exemption from the expiration of vested fights shall have no time
limit.
Ordinance No.__, Series of 2000.
Page 7
C. Extension or Reinstatement of Vested Rights. The City Council may by
resolution at a public hearing noticed by publication (See Section 26.304.060(E)(3)(a))
approve an extension or reinstatement of expired vested rights or a revoked development
order in accordance with this Section.
1. In reviewing a request for the extension or reinstatement of vested rights,
the City Council shall consider, but not be limited to, the following criteria:
a. The applicant's compliance with any conditions requiring performance
prior to the date of application for extension or reinstatement;
b. The progress made in pursuing the project to date including the effort to
obtain any other permits, including a building permit, and the expenditures
made by the applicant in pursuing the project;
c. The nature and extent of any benefits already received by the City as a
result of project approval such as impact fees or land dedications;
d. The needs of the City and the applicant that would be served by approval
of the extension or reinstatement request.
2. An extension or reinstatement may be in the form of a written agreement
duly authorized and executed by the applicant and the City. Reasonable
conditions may be imposed by the City Council including, bul not limited to.
compliance witb any amendments to this title adopted subsequent to the effective
date of the development order and associated vested rights.
3. If the request is for reinstatement of a revoked development order, the City
Council shall determine the financial impacts of the investigation and may require
the applicant to pay the reasonable costs of investigation, enfomement and
reporting by City staff.
D. Expiration of Vested Rights. Pursuant to Section 26.304.070 a vested property righl
is initiated on the effective date of a development order for a site specific
development plan and expires on the day after the third anniversary of said
effective date. After expiration, a development order remains valid, excluding
any allotments granted pursuant to Section 26.470 growth management, but shall
be subject to any changes in the Land Use Code that have been adopted since the
development's original approval. The period of vested rights may be extended or
the development exempted from expiration pursuant to this section.
E. Revocation. The City Council may by resolution at a public hearing noticed by
publication and mailing to the applicant (See Section 26.304.060(E)(3)) revoke a
development order and associated vested rights upon a finding that:
Ordinance No.__, Series of 2000,
Page 8
1. The terms and conditions of the development order have not been met; or
2. The development order is void within the memfing of Section 26.104.050.
Section 8:
22qis 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 9:
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 10:
A public hearing on the Ordinance shall be held on the 10* day of April, 2000, at 5:00 p.m.
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 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 tiffs 13th day of March, 2000.
Att¢~t:~
Kathryn S,/~och, City Clerk
FINALLY, adopted, passed and approved this 10"~ day of April, 2000.
Attest. ~
Kathryn S; ~h,,~ity Clerk chel E. Ri
Ordinance No..__, Series of 2000.
Page 9