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THE CITY OF ASPEN
March 27, 2006
NOTICE OF SPECIAL MEETING
At the request of Mayor Helen Klanderud, there will be a special City Council
meeting Tuesday, March 28, 2006, at 4 p.m. meeting in the City Council Chambers, 130
South Galena Street, Aspen, Colorado. .
The agenda for this meeting will be:
Ordinance #12, Series of 2006 -Adoption of Emergency Land Use Code
Amendments
Kathryn S. Koc
Notices delivered to:
Mayor Helen Klanderud
Councilmembers
Rachel Richards
Torre
J. E. DeVilbiss
Jack Johnson
City Manager Barwick
City Attorney Worcester
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specia1.not
130 SOUTH GALENA STREET . ASPEN, COLORADO 81611-1975 . PHONf 970.920.5000. FAX 970.920.5197
www.aspengov.com
Prinled on Re<::yded Paper
ORDINANCE NO. 12
(SERIES OF 2006)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO TITLE 26 - THE LAND USE CODE -
OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, The City of Aspen is a Home Rule Municipal Corporation organized under
and pursuant to Article XX of the Colorado Constitution and the City of Aspen Home Rule
Charter; and,
WHEREAS, by virtue of such authority, and as further authorized by State Statutes
including but not limited to C.R.S. 29-10-1-1 et seq. and 31-23-301 et seq., the City of Aspen has
broad authority to plan for and regulate the use and development of land on the basis of impacts
thereof on the community and surrounding areas; and,
WHEREAS, in light of the potential rate and character of development activity and the
negative impacts of such development activity on the health, peace, safety, and general well-
being of the residents and visitors of Aspen, urgent action is necessary and the provisions of
Section 4.11 of the City of Aspen Municipal Charter are warranted; and,
WHEREAS, the amendments herein amend the following Sections of the Land Use
Code, Title 26 of the Aspen Municipal Code:
. Section 26.470.030.A, Aspen Metro Area Development Ceilings and Annual
Allotments - General.
.' Section 26.470.030.D, Aspen Metro Area Development Ceilings and Annual
Allotments - Annual Development Allotments.
. 26.470.040.B.3, Minor enlargement ofa Historic Landmark for commercial, lodge, or
mixed-use development.
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Section 26.470.040.B.6, Temporary Outdoor Food Vending.
Section 26.470.040.C.1, Enlargement of a Historic Landmark for Commercial,
Lodge, or Mixed-Use Development.
Section 26.470.040.C.5, Change in use.
Section 26.470.040.C.6, Free-Market Residential Units within a Mixed-Use Project.
Section 26.470.040.C.7, Affordable Housing.
Section 26.470.060.A, General.
Section 26.710.140.D, Commercial Core (CC) Dimensional Requirements.
Section 26.710.150.D, Commercial (Cl) Dimensional Requirements.
Section 26.710.180.10, Mixed-Use (MU) Floor Area Ratio (FAR).
Section 26.710.170.10, Neighborhood Commercial (NC) Floor Area Ratio (FAR).
Section 26.530.030.B, Fifty Percent Replacement.
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Emergency Ordinance
Ordinance No. 12, Series of2006
Page 1
. Section 26.530.050, ResalelRental Restrictions.
. Section 26.520.090, Amendment of an ADU or Carriage House Development Order.
. Section 26.575.020(B), Methods of Measurement for Varying Types of Roofs.
. Section 26.104.100, Definitions.
WHEREAS, the amendments to the Land Use Code are delineated as follows:
. Text being removed is highlighted, bold, and strikethrough. Text beiBg remeved
leelos like this.
. Text being added is highlighted, bold, and underline. Text beinl! added looks like
this.
. Text which is not highlighted is not affected.
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the City Council finds that the text amendments to the Land Use Code, as
described in this Ordinance, further and are necessary for the promotion of public health, safety, and
welfare and are necessary to implement immediately in order to preserve the health, peace, safety,
and general well-being of the residents and visitors of Aspen, pursuant to the provisions of Section
4.11 of the City of Aspen Municipal Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26.470.030.A of the Aspen Municipal Code, Aspen Metro Area Development Ceilings
and Annual Allotments - General, which section describes the manner in which growth
management allotments are established and allotted to development proposals on an annual
basis, is hereby amended to read as follows:
A. General. As the primary implementation tool for the Aspen Area Community Plan
(AACP), the Growth Management Quota System (GMQS) is designed to promote many
objectives. Despite its complexity, two overriding goals form its core: (1) to prohibit
development in excess of the AACP objective of a thirty thousand (30,000) peak population
(permanent and visitor); and (2) to ensure that the rate at which growth occurs does not exceed
the community's ability to cope with associated public facility and service demands and
accompanying changes to community character.
Aspen area residents have determined that the maximum average growth rate that can be
accommodated without long-term negative consequences is two (2) percent per year, with the
exception of permanently affordable housing and lodging facilities. The AACP supports a
"critical mass" of permanent residents to be housed and a growth rate of more than two (2)
percent for affordable housing to ensure a balance of resort and community. The Economic
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Ordinance No. 12, Series of 2006
Page 2
Sustainability Committee, a joint effort undertaken in 2002 between the City of Aspen, the
Aspen Institute Community Forum, and the Aspen Chamber Resort Association, supported, as
their number one recommendation, the redevelopment of existing lodging facilities and the
development of new lodging facilities to counteract the deteriorating and greatly decreased
lodging base. Therefore, the GMQS does not limit the annual growth rate of affordable housing
and lodging facilities, while all other types of development shall be limited to not exceed a two
(2) percent annual growth rate. In order to address continued community growth concerns, a
growth limit of ,1. one half of one percent (.5 %) has been implemented for free-market
residential development.
For a variety of reasons, it is possible that the community's actual population growth might
exceed the designated growth rate percentages in some years. Previous GMQS approvals and
in/out-migration, for example, can result in periods of construction activity and population
growth that exceed the planned average annual growth rate.
Section 2:
Section 26.4 70.030.D of the Aspen Municipal Code, Aspen Metro Area Development Ceilings
and Annual Allotments - Annual Development Allotments, which section describes the number
of development allotments available on an annual basis, is hereby amended to read as follows:
D. Annual Development Allotments.
The growth management quota system establishes annual development allotments available for
use by projects during each growth management year - March 1 st to February 28th (or 29th as
applicable). The number of development allotments available within a single growth
management year varies based on the following factors:
(1) The type ofland use.
(2) The annual allotment available for each land use.
(3) The number of allotments granted the previous year and whether or not the Planning
and Zoning Commission permits an accumulation from year to year.
(4) The number of multi-year allotments granted by City Council from future years.
(5) The number of allotments already granted in the current growth management year.
The Community Development Director shall calculate the development allotments available for
each type ofland use as follows:
Where, the above terms are defined and established as follows:
Annual Allotment. The Annual Allotment reflects each year's potential growth within
the City of Aspen, applied to each type of land use. The Annual Allotment may be
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 3
reduced if multi-year allotments are granted by City Council. The following annual
standard allotments are hereby established:
Commercial
Residential- Affordable Housing
Lodging
Annual Allotment
37 t1BitS, 18 units total. 6 of which
shall be reserved for "exceptional"
proiects approved pursuant to
Section 26.470.040.D.1. No more
than 6 total units mav be located in
the CC and Cl Zones.
28,000 net leasable square feet
No annual limit
No annual limit
Develooment Tvoe
Residential- Free Market
Roll-Over Allotment. At the conclusion of each growth management year, the Planning
and Zoning Commission shall determine the amount of unused allotments, for each type
of development, to remain available in the next year and assign the unused allotment to
become part of the Available Development Allotment for future projects. (See
accounting procedure.) There is no limit, other than that implemented by the Planning
and Zoning Commission, on the amount of potential growth that may be carried forward
to the next year.
Allotments awarded to a project which does not proceed and which are considered void
shall constitute unused allotments and shall be considered for allotment roll-over by the
Planning and Zoning Commission. Allotments shall be considered vacated by a property
owner upon written notification from the property owner or upon expiration of the
development right pursuant to section 26.470.060.B.4, Expiration of Growth
Management Allotments.
Section 3:
Section 26.470.040.B.3 of the Aspen Municipal Code, Minor enlargement of a Historic
Landmark for commercial, lodge, or mixed-use development, which section describes the
manner in which a property designated a historic landmark may be enlarged for the purpose of
adding commercial, lodge, or mixed-use development, is hereby amended to read as follows:
3. Minor enlargement of a Historic Landmark for commercial, lodge, or mixed-use
development. The enlargement of a property, structure, or portion of a structure designated as a
Historic Landmark for commercial, lodge, or mixed-use development shall be approved,
approved with conditions, or denied by the Community Development Director based on the
following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion pursuant to Section 26.470.030(D), Annual Development Allotments.
b) If the development increases either Floor Area or Net Leasable space/lodge units, but
not both, then no employee mitigation shall be required.
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Ordinance No. 12, Series of2006
Page 4
c) If the development increases both Floor Area and Net Leasable space/lodge units, up
to four (4) employees generated by the additional commercial/lodge shall not require
the provision of affordable housing. An expansion generating more than four (4)
employees shall not qualifY for this administrative approval and shall be reviewed
pursuant to 26.4 70.040.C.1.
d) No more than one free-market residence is created. This shall be cumulative and
shall include administrative GMQS approvals granted prior to the adoption of
Ordinance No. 21, Series of2005. Additional free-market units (bevond one) shall
be reviewed pursuant to Section 26.470.040.C.6 - Free-Market Residential Units
within a Mixed-Use Project.
e) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Section 4:
Section 26.470.040.B.6 ofthe Aspen Municipal Code, Temporary Outdoor Food Vending, which
section describes the manner in which a temporary food vending operation may be established in
the Commercial Core Zone District, is hereby amended to read as follows:
6. Temporary Outdoor Food Vending in the Commercial Core. A temporary use of
outdoor food vending by a restaurant or retailer on private property, private open space, or public
property that is subject to a mall lease for food vending or outdoor restaurant seating in the
Commercial Core (CC) Zone District shall be shall be approved, approved with conditions, or
denied by the Community Development Director based on the following criteria:
a) The temporary operation shall be permitted for a specified period not to exceed six
(6) months in duration or as otherwise limited hv a mall lease. B:)Iire eB er
before Deeember 31, 2GGS.
b) The area of outdoor food vending activities does not exceed fifty (50) square feet.
The area of outdoor food vending activities shall be defined as a counter area,
equipment needed for the food vending activities (e.g. cooler with drinks, snow cone
machine, popcorn machine, etc.), and the space needed by employees to work the
food vending activity.
c) Temporary outdoor food vending may only occur by or in association with restaurant
or retail uses and with the approval of the restaurant or retail establishment's owner in
which the outdoor food vending is associated and located adjacent to.
d) An application to the Community Development Director for temporary outdoor food
vending shall only be submitted and approved subsequent to submitting and obtaining
approval of a food service plan from the Enviromnental Health Department. The area
of outdoor food vending activities shall include a waste disposal container that shall
be emptied daily and stored inside at night and when the outdoor food vending
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Ordinance No. 12, Series of2006
Page 5
activities are not in operation. Additionally, no outdoor, open-flame char-broiling
shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills.
e) The Community Development Director shall waive affordable housing mitigation
fees associated with the temporary new net leasable square footage being created by
outdoor food vending activities.
f) The outdoor food vending activities may occur year-round. An application for and an
approval of temporary outdoor vending activities shall not constitute nor be
interpreted by any property owner, developer, vendor, or court as a site specific
development plan entitled to vesting under Article 68 of Title 24 of the Colorado
Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection
are subject to revocation by the City Manager or Community Development Director
without requiring prior notice.
g) An application for temporary outdoor food vending activities shall not diminish the
general public health, safety or welfare and shall abide by all applicable City
regulations, including but not limited to building codes, health safety codes, fire
codes, liquor laws, sign and lighting codes, and sales tax license regulations.
h) Each vendor wishing to operate outdoor food vending activities shall apply for and be
approved for a permit (no fee required) to do so prior to commencing operations.
Applicable Enviromnental Health Plan Review fees shall apply.
Section 5:
Section 26.4 70.040.C.1 of the Aspen Municipal Code, Enlargement of a Historic Landmark for
Commercial, Lodge, or Mixed-Use Development, which section describes the manner in which a
property designated a historic landmark may be enlarged for the purpose of adding commercial,
lodge, or mixed-use development, is hereby amended to read as follows:
1. Enlargement of a Historic Landmark for Commercial, Lodge, or Mixed-Use
Development. The enlargement of a historic landmark building for commercial, lodge, or mixed-
use development shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) Up to four (4) employees generated by the additional commercial/lodge development
shall not require the provision of affordable housing. Thirty (30) percent of the
employee generation above four (4) and up to eight (8) employees shall be mitigated
through the provision of affordable housing or cash-in-lieu thereof. Sixty (60)
percent of the employee generation above eight (8) employees shall be mitigated
through the provision of affordable housing or cash-in-lieu thereof.
For example: a project generating 15 employees shall require employee
mitigation for a total of 5.4 employees, as follows:
First 4 employees = 0 employee mitigation
Second 4 employees mitigated at 30% = 1.2 employees
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 6
Remaining 7 employees mitigated at 60% = 4.2 employees
Affordable housing shall be approved pursuant to Section 26.470.040.C.7, Affordable
Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation.
d) UP to one free-market residence mav be created pursuant to 26.470.040.B.3 -
Minor enlarl!ement of a Historic Landmark for commercial. lodl!e. or mixed-use
development. This shall be cumulative and shall include administrative GMQS
approvals l!ranted prior to the adoption of Ordinance No. 21. Series of 2005.
Additional free-market units (bevond one) shall be reviewed pursuant to Section
26.470.040.C.6 - Free-Market Residential Units within a Mixed-Use Proiect.
e) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Section 6:
Section 26.470.040.C.5 of the Aspen Municipal Code, Change in use, which section describes
the manner in which a property's use may be changes between lodging, commercial, free-market
residential, and affordable residential land uses, is hereby amended to read as follows: .
5. Change in use. A change in use, of an existing property, structure, or portions of an
existing structure, between the use categories identified in Section 26.470.020, (irrespective of
direction) for which a Certificate of Occupancy has been issued for at least two (2) years and
which is intended to be reused, shall be approved, approved with conditions, or denied by the
Planning and Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the change-
in-use, pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The proposed development is ccmsistent with the Aspen Area Community Plan.
c) Sixty (60) percent of the additional employees generated by the change, according
Section 26.470.050.A, Employee Generation Rates, are mitigated through the
provision of affordable housing or cash-in-lieu thereof. Any affordable housing units
provided shall be approved pursuant to Section 26.470.040.C.7, Affordable Housing
ai a Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. An applicant may choose to provide mitigation units at a
lower Category designation.
d) No more than one (1) free-market residential unit is created through the change-in-
use. The chanl!e does not reduce the number or Quality of affordable housinl!
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 7
units on site or such chanl!e as been approved bv the Aspen/Pitkin County
Housinl! Authoritv.
e) Affordable housing net livable space. for which the finished floor level is at or
above Natural or Finished Grade. whichever is hil!her. shall be provided in an
amount equal to thirty (30) percent of the additional free-market residential I<l6&F
f.rea net livable snace. for which the finished floor level is at or above Natural
or Finished Grade. whichever is hil!her. is )Irevided. Additional net livable
affordable housinl! space bevond this the Fleer f.rea requirement mav be
developed below Natural or Finished Grade but shall not count towards this
criterion. Affordable housing shall be approved pursuant to Section 26.470.040.C.7,
Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen
Pitkin County Housing Authority Guidelines, as amended. An applicant may choose
to provide mitigation units at a lower Category designation.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Section 7:
Section 26.470.040.C.6 of the Aspen Municipal Code, Free-Market Residential Units within a
Mixed-Use Project, which section describes the criteria upon which free-market residential
development within a mixed-use project shall be reviewed for approval, is hereby amended to
read as follows:
6. Free-Market Residential Units within a Mixed-Use Project. The development of new or
expansion of existing free-market residential units within a mixed-use project shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission based on the
following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030.D, Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan.
e) Affordable housing net livable space. for which the finished floor level is at or
above Natural or Finished Grade. wbichever is hil!her. shall be provided in an
amount equal to thirty (30) percent of the additional free-market residential I<l6&F
Area net livable space. for which the finished floor level is at or above Natural
or Finished Grade. whichever is hil!her. is )Irevided. Additional net livable
affordable housinl! space bevond this the Fleer f.rea requirement mav be
developed below Natural or Finished Grade but shall not count towards this
criterion. Affordable housing shall be approved pursuant to Section 26.470.040.C.7,
Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen
. Pitkin County Housing Authority Guidelines, as amended. An applicant may choose
to provide mitigation units at a lower Category designation.
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 8
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Section 8:
Section 26.470.040.C.7 of the Aspen Municipal Code, Affordable Housing, which section
describes the criteria upon which affordable residential development shall be reviewed for
approval, is hereby amended to read as follows:
7. Affordable Housing. The development of affordable housing deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission based on the
following criteria:
a) Sufficient growth management allotments are available to accommodate the new
units, pursuant to Section 26.470.030.C, Development Ceiling Levels.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority
shall be required for this standard. The Aspen/Pitkin County Housing Authority may
choose to hold a public hearing with the Board of Directors.
d) Affordable Housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Eacb unit provided shall be desil!ned such
that the finished floor level of fIfty (50) percent or more of the unit's net livable
square footal!e is at or above Natural or Finished Grade. whichever is hil!her.
Off-site units shall be provided within the City of Aspen city limits. Units outside the
city limits may be accepted as mitigation by the City Council, pursuant to
26.470.040.D.2. Provision of affordable housing through a cash-in-lieu payment
shall be at the discretion of the Planning and Zoning Commission upon a
recommendation from the Aspen/Pitkin County Housing Authority. Required
affordable housing may be provided through a mix of these methods.
e) The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner mav be entitled to select the first purchasers. subiect to
the aforementioned Qualifications. with approval from the AspenlPitkin County
Housinl! Authoritv. IB the lIlternlltp;e, rCBtal t1Bits mllY be )IFevided if II leglll
instrumeBt, iB II farm lIeee)ltllble te the City Atterney, eBStlreS )IermllBcnt
lIfferdobility ef the t1Bit~. The deed restriction shall authorize the Aspen/Pitkin
County Housinl! Authoritv or the City of Aspen to own the unit and rent it to
Qualified renters as defined in the Affordable Housinl! Guidelines established bv
the AspenlPitkin County Housinl! Authoritv. as amended. The Aspen/Pitkin
County Housinl! Authoritv. or its Board of Directors. at its sole discretion. mav
Emergency Ordinance
Ordinance No. 12, Series of 2006
Page 9
authorize affordable housinl! units owned and associated with a lodl!inl! or
commercial operations to be rental units if a lel!al instrument. in a form
acceptable to the City Attornev. ensures permanent affordability of the units.
Units owned bv the Aspen/Pitkin County Housinl! Authority. the City of Aspen.
Pitkin County, or other similar l!overnmental or Quasi-municipal al!encv shall
not be subiect to this mandatorv "for-sale" provision.
Section 9:
Section 26.470.060.A of the Aspen Municipal Code, General, which section describes
procedures and limitation of growth management applications, is hereby amended to read as
follows:
A. General.
1. Number of Develovment Avvlications. No more than one development application for
growth management allotments on anyone parcel shall be considered concurrently.
To submit a new application, any active growth management application for the same
property must be vacated.
2. Number of Growth Manai!ement Allocations. No more than one project shall be
entitled to growth management allotments on anyone parcel concurrently. In order to
entitle a different project on the same parcel, existing growth allotments must be
vacated. (Also see, amendment of a growth management approval, Section
26.470.080.)
3. No automatic "roll-over" of Growth Manai!ement Avvlications. Applications shall
only be eligible for growth allotments within the growth management year in which
they are submitted and shall not automatically become eligible for future year
allotments. Applications must be resubmitted or renewed in order to be eligible for
the next year's allotments.
4. HPC Concevtual Avvroval Reauired. Whenever Historic Preservation Commission
approval is needed for a proposed project, the Historic Preservation Commission's
Conceptual approval must be secured prior to submitting an application for a growth
management allotment.
5. Concevtual PUD Avvroval Required. Projects requiring approval of a Planned Unit
Development Plan, pursuant to section 26.445, Planned Unit Development, must first
obtain Conceptual PUD approval prior to submitting an application for a growth
management allotment. Final PUD applications may be authorized for combined
review pursuant to Section 26.304.060.B.l.
6. Desii!n Review vrior to Growth Manai!ement. Commercial, Lodging, and mixed-use
projects shall obtain Commercial Design Review approval, pursuant to Section
26.412, prior to submitting an application for growth management allotment.
Residential projects shall obtain Residential Design Standards approval, pursuant to
Section 26.410, prior to submitting an application for growth management allotment.
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 10
The Community Development Director may waive this requirement and authorize a
combined review, pursuant to 26.304.060.B.1.
7. Other Required Land Use Reviews. Subdivision approval and other land use review
approvals, as applicable, shall be required and may be reviewed concurrently or
combined with review for growth management, pursuant to Section 26.304.060.B.1.
8. Non-Assiznabilitv of Growth Allotments. Development allotments obtained, pursuant
to this Chapter, shall not be assignable or transferable independent of the conveyance
of the real property on which the development allotment has been approved.
9. Multi-Year Growth Allotments. Projects reQuirinl! development allotments in
excess of the Annual Allotment mav be l!ranted a multi-vear allotment pursuant
to Section 26.470.040.D.l. or mav l!ain allotments over a multi-v ear period
provided that the allotment l!ained in anv one vear shall not exceed the Annual
Allotment.
For example. a project reQuestinl! 50.000 SQuare feet of commercial space mav
reQuest either a one-time multi-vear allotment of 50.000 SQuare feet. pursuant to
Section 26.470.040.D.l. or mav reQuest approval in the first vear for 25.000
SQuare feet and reQuest approval for the remaininl! 25.000 SQuare feet in a
subseQuent vear.
Gaininl! partial allotments in anv vear shall not l!uarantee that allotments will be
l!ranted in later vears for the same proiect. Projects receivinl! partial allotment
shall not be l!ranted a Development Order until all phases of the proiect have
been l!ranted allotments. If the desil!n of a proiect chanl!es prior to receivinl! the
full allotment needed for a Development Order. the reviewinl! bodv shall
determine if the chanl!es are acceptable or if the chanl!e invalidates the
previouslv l!ranted allotment and reQuires a resubmission for allotments.
Applications for each year's allotment need to be submitted and there shall be
no preferential status l!iven to a project granted partial allotment.
Section 10:
Section 26.710.140.D of the Aspen Municipal Code, Commercial Core (CC) Dimensional
Requirements, which section describes the dimensional allowances for development within the
Commercial Core Zone District, is hereby amended to include a new subsection 11, which
subsection shall read as follows: (No changes to sub-sections 1-10.)
11. Maximum Residential Unit Size (square feet): 2.000. This maximum shall applv
to Free-Market and Affordable residential units and shall be measured pursuant
to the definition of Net Livable Area on a per unit basis. The total free-market
net livable space shall be no l!reater than the total above l!rade sPace associated
with the uses described in Section 26.710.140.D.I0. a and b combined on the
same parcel
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 11
Section 11:
Section 26.710.150.D of the Aspen Municipal Code, Commercial (C1) Dimensional
Requirements, which section describes the dimensional allowances for development within the
Commercial (C1) Zone District, is hereby amended to include a new subsection 11, which
subsection shall read as follows: (No changes to sub-sections 1-10.)
11. Maximum Residential Unit Size (square feet); 2.000. This maximum shall applv
to Free-Market and Affordable residential units and shall be measured pursuant
to the definition of Net Livable Area on a per unit basis. The total free-market
net livable space shall be no l!reater than the total above l!rade space associated
with the uses described in Section 26.710.150.D.I0. a and b combined on the
same parcel
Section 12:
Section 26.710.180.D.10 of the Aspen Municipal Code, Mixed-Use (MU) Floor Area Ratio
(FAR), which section describes the Floor Area Ratio dimensional allowances for development
within the Mixed-Use (MU) Zone District, is hereby amended to read as follows:
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of 2: 1. For properties within the Main Street Historic District, this
maximum cumulative FAR shall be 1:1, which may be increased to 1.25:1 by
Special Review, pursuant to Section 26.430.040.A.
1. Commercial; Lodge; Timeshare Lodge, Exempt Timesharing; Arts, Cultural
and Civic uses; Public Uses; Recreational Uses; Academic Uses: .75:1, which
may be increased to 1: I by Special Review, pursuant to Section 26.430.
040.A.
2. Affordable Multi-Family Housing: No limitation, other than the cumulative
FAR limit stated above.
3. Free-Market Multi-Family Housing: .75:1. which may be increased to 1:1 by
Special Review, pursuant to Section 26.430.040.A. The total free-market
residential Floor Area on the parcel shall be no l!reater than the total
Floor Area attributed to the uses described in sub-section
26.710.180.D.I0.A.1. above. located on the same parcel.
B. The following FAR schedule applies to single-family and duplex uses when
developed as the only use of the parcel:
1. Detached residential and Duplex dwellings established prior to the adoption of
Ordinance 7, Series of 2005: 100% of the allowable floor area of an
equivalent-sized lot located in the R6 zone district. (See R6 Zone District.)
Receipt of a Development Order shall constitute the date the use was
established. Replacement after Demolition shall not effect a new
establishment date for the purposes of this section. City of Aspen Historic
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Ordinance No. 12, Series of2006
Page 12
Transferable Development Rights shall not be extinguished in this zone
district and shall not permit additional floor area.
2. Detached residential and Duplex dwellings established after the adoption of
Ordinance 7, Series of2005: 80% of the allowable floor area of an equivalent-
sized lot located in the R6 zone district. (See R6 Zone District.) City of
Aspen Historic Transferable Development Rights shall not be extinguished in
this zone district and shall not permit additional floor area.
Section 13:
Section 26.710.180.D of the Aspen Municipal Code, Mixed-Use (MU) Zone District
Dimensional Requirements, which section describes the dimensional allowances for
development within the Mixed-Use (MU) Zone District, is hereby amended to include a new
subsection 11, which subsection shall read as follows:
11. Maximum Residential Unit Size (square feet): 2.000. This maximum shall aDDlv to
Free-Market and Affordable residential units and shall be measured pursuant to
the definition of Net Livable Area on a per unit basis.
Section 14:
Section 26.710.170.D.10 of the Aspen Municipal Code, Neighborhood Commercial (NC) Floor
Area Ratio (FAR), which section describes the Floor Area Ratio dimensional allowances for
development within the Neighborhood Commercial (NC) Zone District, is hereby amended to
read as follows:
10. Floor Area Ratio (FAR):
The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of 1.5:1.
a) Commercial Uses: 1: I.
b) Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic
Uses, child care center, and similar uses: 1: 1.
c) Affordable Multi-Family Housing: .5:1.
d) Free-Market Multi-Family Housing: .5:1. The total free-market residential
Floor Area on the parcel shall be no l!reater than the total Floor Area
attributed to the uses described in sub-section 26.710.170.D.I0.a and b.
above. located on the same parcel.
Section 15:
Section 26.710.170.D of the Aspen Municipal Code, Neighborhood Commercial (NC) Zone
District Dimensional Requirements, which section describes the dimensional allowances for
development within the Neighborhood Commercial (NC) Zone District, is hereby amended to
include a new subsection 11, which subsection shall read as follows:
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Ordinance No. 12, Series of2006
Page 13
11. Maximum Residential Unit Size (square feet!: 2.000. This maximum shall applv to
Free-Market and Affordable residential units and shall be measured pursuant to
the definition of Net Livable Area on a per unit basis.
Section 16:
Section 26.530.030.B of the Aspen Municipal Code, Fifty Percent Replacement, which section
describes the manner in which demolition of a multi-family building shall require the
development of affordable housing, shall, is hereby amended to read as follows:
B. Fifty Percent Replacement. In the event of the demolition of free-market resident multi-
family housing and replacement ofless than one-hundred (100) percent of the number of
previous units and bedrooms as described above, the owner shall be required to construct
replacement housing consisting of no less than fifty (50) percent of the number of units,
fifty (50) percent of the number of bedrooms, and fifty (50) percent of the square footage
of net residential area demolished. Each reolacement unit shall be desil!ned such that
the finished floor level of a minimum of fifty (50) percent of the net livable SQuare
footal!e is located above Natural or Finished Grade. whichever is hil!her. The
replacement housing meeting this requirement shall be deed restricted as affordable
housing in accordance with the requirements of section 26.530.050, Resale Restrictions
(below). The remaining units replaced on-site shall not be required to be deed restricted
as affordable housing.
Section 17:
Section 26.530.050 of the Aspen Municipal Code, Resale/Rental Restrictions, which section
describes the manner in which affordable housing developed as a requirement of the Residential
Multi-Family Housing Replacement Chapter shall be deed restricted and conveyed to purchasers,
is hereby amended to read as follows:
26.530.050 ResalelRental Restrictions.
Replacement units required to be deed restricted as affordable housing shall be "for-sale units"
and shall be deed restricted in a form and substance consistent with the Affordable Housing
Guidelines established by the Aspen/Pitkin County Housing Authority. Such deed-restricted
units may only be sold in compliance with the current Affordable Housing Guidelines
established by the Aspen/Pitkin County Housing Authority. The owner may be entitled to select
purchasers, subject to the aforementioned qualifications, with approval from the AspenlPitkin
County Housing Authority.
The deed restriction for replacement units required to be deed restricted as affordable housing
shall permit the Aspen/Pitkin County Housinl! Authority or the City of Aspen to' own the
unit and rent it to Qualified renters as defined in the Affordable Housinl! Guidelines
established bv the Aspen/Pitkin County Housinl! Authority, as amended. be allowed te be
reBtal t1BitS if a legal iBstrumeBt, iB a form aeee)ltable te the City AtterBey, shall gtlaraBtee
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 14
their )IermllBeBt llff-erdllbility iB lleeerdllBee with the f.s)leB,'I'itIHB CetlBty f.ffordllble
HetlsiBg CtlideliBes. No resale or rental restrictions shall apply to free-market replacement
units.
Section 18:
Section 26.520.090 of the Aspen Municipal Code, Amendment of an ADU or Carriage House
Development Order, which section describes the process and review criteria for amending a
Development Order for an Accessory Dwelling Unit or Carriage House, is hereby amended to
read as follows:
26.520.090 Amendment of an ADU or Carriage House Development Order
A. Insubstantial Amendment.
An insubstantial amendment to an approved development order for an Accessory Dwelling
Unit or Carriage House may be authorized by the Community Development Director if:
1. The change is in conformance with the design standards, Section 26.520.050, or does not
exceed approved variations to the design standards; and,
2. The change does not alter the deed restriction for the ADU or Carriage House or the
alteration to the deed restriction has been approved by the AspenlPitkin County Housing
Authority.
3. An amendment application that proposes to remove a Mandatory Occupancy ADU deed
restriction placed on the property prior to adoption of Ordinance No. 46, Series of 2001,
may be approved if all of the following criteria are met:
a. The mandatory occupancy deed restriction shall have been recorded on the property
for a minimum of three (3) years prior to the date of application for its removal. The
applicant shall demonstrate a change in circumstances supporting the request to
remove the restriction.
b. The Mandatory Occupancy deed restriction on the ADU is replaced with the
minimum ADU deed restriction allowing voluntary occupancy; and,
(square footag~
$ payment = of bonus floor
Emergency Ordinance area
Ordinance No. 12, Series of200
c. The applicant has obtained approval either:
1. From the City of Aspen to develop a deed restricted affordable housing unit
on a site that is not otherwise required to contain such a unit or from the
AspenlPitkin County Housing Authority to convert an existing free-market
unit and deed restrict the unit to affordable housing status. The replacement
affordable housing unit shall be within the Aspen Infill Area, shall be of a
comparable size and type as the ADU, shall be accepted by the Aspen/Pitkin
County Housing Authority, and shall be deed restricted as a Category 3, or
lower, sales unit according to the Aspen/Pitkin County Housing Guidelines, as
amended; or,
From the AspenlPitkin County Housing Authority to pay an affordable
housing conversion fee, calculated according to the following formula:
llGsessed
(Actual Value of parcel )
X plus improvements
floor area ofresidence age 15
(excluding bonus FAR)
2.
Netes: Where:
. The assessed Actual Value of the lot plus improvements shall be that value
assigned to the lot and improvements in the most current assessment made by
the Pitkin County Assessor.
. The Floor Area of the residence shall be calculated pursuant to Section
26.575.020 (A), as amended.
. Payment shall be made in compliance with the applicable requirements for
payment-in-lieu contained in the Aspen/Pitkin County Housing Guidelines, as
amended.
d. The structure granted the bonus Floor Area shall be considered a legally created
Nonconforming Structure andsubject to the provisions of Section 26.312.
B. Other Amendments.
All other amendments to an approved development order for an Accessory Dwelling Unit or
Carriage House shall be reviewed pursuant to the terms and procedures of this Section.
Section 19:
Section 26.575.020(B) of the Aspen Municipal Code, Methods of Measurement for Varying
Types of Roofs, which section describes the manner in which building heights are calculated, is
hereby amended to read as follows:
B. Building Heights.
1. Methods of Measurement for Varvinf! Tvpes of Roofs.
In the Commercial Core (CC), Cemmereial (Cl), Commercial Lodge (CL),
Neighborhood Commercial (NC), and Service/Commercial/Industrial (SCI) Zone
Districts, the height of the building shall be the maximum distance measured vertically
from the natural or finished grade, whichever is lower, to the top, ridge, or parapet of the
structure. For structures in all other zone districts, the height shall be measured as
follows:
a. Flat Roofs or Roofs With a Slope of Less Than 3: 12. The height of the building
shall be the maximum distance measured vertically from the natural or finished
grade, whichever is lower, to the top or ridge of a flat, mansard, or other roof with
a slope ofless than 3: 12.
b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever
is lower, to the mean height between the eave point and ridge of a gable, hip,
gambrel or other similar pitched roof. The ridge of a gable, hip, gambrel, or other
pitched roof shall not extend over five feet above the maximum height limit.
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Ordinance No. 12, Series of2006
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c. Roofs With a Slope of 8: 12 or Greater. For roofs with a slope of 8: 12 or greater,
height shall be measured vertically from the natural or finished grade, whichever
is lower, to a point one-third (1/3) of the distance up from the eave point to the
ridge. There shall be no limit on the height of the ridge. Chimneys and other
appurtenances may extend up to a maximum of two (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents
or similar structures shall not extend over ten (10) feet above the specified
maximum height limit, except for roofs with a pitch of 8:12 or greater, these
elements may not extend more than two (2) feet above the ridge. Water towers,
solar panels,.and mechanical equipment shall not extend over five (5) feet above
the specified maximum height limit. Church spires, bell towers and like
architectural projections, as well as flag poles, may extend over the specified
maximum height limit.
2. Exceptions for Buildinzs on Slopes. The maximum height of a building's front (street facing)
facade may extend for the first thirty (30) feet of the building's depth.
3. Exceptions for Areawavs. Lizhtwells and Basement Stairwells. An areaway, lightwell or
basement stairwell of less than one hundred (100) square feet, entirely recessed behind the
vertical plane established by the portion of the building facade which is closest to the street,
and enclosed on all four sides to within eighteen (18) inches of the first floor level shall not
be counted towards maximum permissible height.
Section 20:
Section 26.1 04.1 00 of the Aspen Municipal Code, Definitions, which section describes the
meaning of terms used in the Land Use Code, is hereby amended to include the additional
following term and definition:
Mixed-Use. The use of land or a structure for more than one of the followinl! land uses:
. Commercial (which shall include Retail and Restaurant Uses. Neil!hborhood
Commercial Uses. Office Uses. Service Uses. Service Commercial Industrial Uses.
Food Market. and Commercial Parkine: Facility. but which shall exclude
Ae:ricultural Uses and Artist Studio).
. Residential (which shall include Detached Dwellinl!. Attached Dwelline:. sinl!le-familv
dwellinl!. Duplex Dwellinl!. Multi-Familv Dwellinl!. Manufactured Home. free-
market residence. Affordable Housinl!. Emplovee Housinl!. Group Home. Dormitorv.
Accessorv Dwellinl!: Unit, and Carrial!e House).
. Lodl!inl! (which shall include Hotel. Timeshare Lodl!e. and exempt timesharinl!:. but
shall exclude Boardinl!house and Bed and Breakfast).
. Civic (which shall include Arts. Cultural. and Civic Uses; Child Care Center:
Essential Public Facility: Recreational Use: and. Public Uses: but shall exclude Open
Space, Open Use Recreation Site. and ).
Accessorv Uses, Temporarv Uses. and the ownership of property bv a Non-Profit
Orl!anization that is not used as set forth above shall not Qualify a property or structure
as Mixed-Use.
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Ordinance No. 12, Series of2006
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Section 21:
Section 26.470.040.D.1 of the Aspen Municipal Code, Multi-Year Development Allotment,
which section describes the manner in which growth management allotments for projects
requesting allotment in excess of the annual allotment shall be reviewed, is hereby amended to
read as follows:
1. Exceptional Proiect or Multi-Year Development Allotment. The City Council, upon a
recommendation from the Planning and Zoning Commission, shall approve, approve with
conditions, or deny an exceptional proiect or a multi-year development allotment request based
on the following criteria:
a) The proposed multi-vear or exceptional development is considered "exceptional"
considering the following criteria: (Note - A project need not meet all of the
following criteria, only enough to be sufficiently considered "exceptional.")
1. The proposed project advances the visions, goals or specific action items of
the Aspen Area Community Plan.
2. The proposal exceeds the minimum affordable housing required for a standard
project.
3. The proposed project represents an excellent historic preservation
accomplishment. A recommendation from the Historic Preservation Officer
shall be considered for this standard.
4. The proposal furthers affordable housing goals by providing units established
as priority through the current Guidelines of the Aspen/Pitkin County Housing
Authority, and provides a desirable mix of affordable unit types, economic
levels, and lifestyles (e.g. singles, seniors, families, etc.). A recommendation
from the AspenlPiktin County Housing Authority shall be considered for this
standard.
5. The proposal minimizes impacts on public infrastructure by incorporating
innovative, energy-saving techniques.
6. The proposal minimizes construction impacts to the extent practicable both
during and after construction.
7. The proposal maximizes potential public transit usage and minimizes reliance
on the automobile.
8. The proposal exceeds minimum requirements of the Efficient Building Code
or for LEEDS certification, as applicable. A recommendation from the
Building Department shall be considered for this standard.
9. The proposal promotes sustainability of the local economy.
10. The proposal represents a desirable site plan and an architectural design
solution.
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11. The proposed development is compatible with the character of the existing
land uses in the surrounding area and the purpose of the underlying zone
district.
b) The project complies with all other provisions of the Land Use Code and has obtained
all necessary approvals from the Historic Preservation Commission, the Planning and
Zoning Commission, and the City Council, as applicable.
c) For multi-vear development allotments. the Community Development Director
shall be directed to reduce the applicable Annual Development Allotments, as
provided in Section 26.470.030(D), in subsequent year(s) as determined appropriate
by the City Council.
Section 22: Effect on Development Applications
This Ordinance shall not affect any project having already received a Development Order, as
such term is used in the Land Use Code. Applications determined complete, pursuant to
Section 26.304.050.A, shall be reviewed and processed according to the provisions of the
Land Use Code in effect on the date of submission.
Complete applications which do not request approval for land use reviews amended through
adoption of this ordinance shall not be considered complete for any review other than the
specific review requested in such application, regardless of the original submission date.
Pre-Application Conferences, Pre-Application Conference Summary reports, or formal or
informal discussions with Community Development staff or review Boards shall not
constitute a complete application or any other official status. Applications submitted after the
effective date of this ordinance shall comply with the terms of this ordinance and of the Land
Use Code, as amended.
Section 23:
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 24:
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 25:
That the City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this
ordinance in a newspaper of general circulation within ten (10) days, or as soon thereafter as
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Ordinance No. 12, Series of2006
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possible, and record a copy of this Ordinance in the office of the Pitkin County Clerk and
Recorder.
Section 26:
This ordinance shall become effective upon final passage.
INTRODUCED, READ, AND SCHEDULED FOR SECOND READING as provided by law,
by the City Council of the City of Aspen on the 27th day of March, 2006.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this 28th day of March, 2006
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
C:\home\Current PlanninglEmergencyOrdinance.doc
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Ordinance No. 12, Series of2006
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Vested Development Proiects w/o Demo/Buildin2 Permits
Project Number of Allowable FAR Year Approved
BedroorhslUnits
Dancing Bear PUD 27 Timeshare Lodge 35,760 SF 2003
Bedrooms and 2 AH
Units
South Aspen Street 14 FM Residential 73,381 SF 2003
PUD Units and 17 AH
Units
Aspen Consolidated 17 AH Units 44,940 SF Total 2004
San. District PUD
Fox Crossing 11 New FM 47,799 SF 2004
Subdivision Residential Units
Stage Road 14 FM Residential 152,500 SF 2005
Subdivision Units, 12 ADUs, 1
RO Unit
Galena/Main 1 FM Residential 8,235 SF 2005
Subdivision Unit, 3 AH Units,
2,538 SF of
Commercial Space
Chart House Lodge 34 Timeshare Lodge 29,880 SF 2005
PUD Bedrooms and 2 AH
Units
Limelight PUD 125 Lodge 147,844 SF 2006
Bedrooms and 17
FM Residential
Units
Total FAR in these Projects: 540,339 SF
Total Existing Gross Floor Area w/in City: 19,533,502 SF *From 2006 rFS Study
Percenlage of Gross Floor Area in Town: 2.7%