HomeMy WebLinkAboutordinance.council.041-00 ORDINANCE NO. 41
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL,' OF THE CITY OF ASPEN,
COLORADO, TO AMEND SECTION 26.710.190, THE LODGE TOURIST
RESIDENTIAL (LTR) ZONE DISTRICT, AND SECTION 26.470.070,
EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM, OF
THE LAND USE CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Savannah Limited Partnership to amend the text of the Land Use Code as
contemplated in the Conceptual Planned Unit Development approvals granted pursuant to
City Council resolutions 99-93 and 99-I 11; and,
WHEREAS, the proposed amendments relate to the use and dimensional
provisions of the Lodge Tourist Residential (LTR) Zone District and would add a
conversion process for residential reconstruction credits in the Growth Management
Quota System exemption, both as further described herein; and,
WHEREAS, pursuant to Section 26.310 of the City of Aspen Land Use Code,
after a recommendation by the Community Development Department, a reconunendation
from the Planning and Zoning Commission made during a duly notice public hearing, and
the comments made by the general public, the City Council may approve, approve with
conditions, or deny an application for amending the text of the Land Use Code based on
the criteria that are set forth in said Section; and,
WHEREAS, the Community Development Director reviewed the proposed text
amendments, as described herein, and recommended approval; and,
WHEREAS, during a regular meeting on August 15, 2000, the Planning and
Zoning Commission, by a six to one (6-1) vote, recommended City Council amend the
text of the Land Use Code, as described herein.
WHEREAS, the Aspen City Council has revieWed and considered the proposed
text amendments under the applicable provisions of the Municipal Code, as identified in
Section 26.310, has reviewed and considered the recommendations made by the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed Land Use Code text
amendments meet or exceed all applicable review standards and that the approval of the text
amendments 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 public health, safety, and welfare ·
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF
TIlE CITY OF ASPEN, COLORADO as follows:
Ordinance No. 41, Series of 2000
Page 1
Section 1:
Section 26.710.190(B), which section defines the permitted land uses allowed in the
Lodge Tourist Residential (LTR) Zone District, is hereby amended to read as follows:
B. Permitted uses. The following uses are permitted as of right in the Lodge/Tourist
Residential (L/TR) zone district:
1. Lodge units;
2. Boardinghouse;
3. Hotel;
4. Multi-family dwellings;
5. Detached residential or duplex dwellings;
6. Dining rooms, customary accessory commercial uses, laundry and
recreational facilities located on the same site of and for guests of lodge
units, boardinghouses, hotels and dwelling un/ts;
7. Accessory residential dwellings restricted to affordable housing
guidelines; and
8.Accessory buildings and uses.
Section 2:
Section 26.710.190(D), which section defines the dimensional requirements for structures
in the Lodge Tourist Residential (LTR) Zone District, is hereby amended to read as
follows:
D. Dimensional requirements, The following dimensional requirements shall apply
to all permitted and conditional uses in the Lodge/Tourist Residential (L/TR) zone
district:
i. Minimum lot size (square feeO : 6,000.
2. Maximum lot size (square feeO:
a. Detached residential dwelling: 6,000.
b. Duplex: 6,000.
3. Minimum lot area per dwelling unit (square feeO :
a. Detached residential dwelling: 6,000.
b. Duplex: 3,000.
c. Multi~family dwellings: One (1) bedroom per one thousand (1,000)
square feet of lot area, provided that a studio shall be considered a
one (1) bedroom unit.
d. Lodge units: No requirement. Whenever kitchen facilities are
installed in a lodge in the Lodge/Tourist Residential (L/TR) zone
district, such unit shall be deemed a multi-family unit and the
lodge shall be required to satisfy the minimum lot area
Ordinance No. 41, Series of 2000
Page 2
requirements for a multi-family dwelling unit as provided in this
Title.
e. Multi-family dwellings on a lot of 27,000 square feet or less, when
at least fifty pement (50%) of the units built on-site are restricted as
affordable housing:
Studio: 500.
1 bedroom: 600.
2 bedroom: 1,000.
3, bedroom: 1,500.
3+ bedrooms: One (1) bedroom per 500 square feet of lot area.
f. Multi-family dwellings on a lot of 27,000 square feet or less, when
one hundred percent (100%) of the units built on-site are restricted
as affordable housing:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
3+ bedrooms: One (1) bedroom per 400 square feet of lot area.
4. Minimum lot width (feet): 60.
5. Minimum front yard setback (feeO : 10.
6. Minimum side yard setback (feeO : 5.
7. Minimum rear yard setback (feeO : 10.
8. Maximum height OCeeO : 28.
9. Minimum distance between principal and accessory buildings (feeO : 10.
10. Percent of open space required for building site: 25.
11. External floor area ratio (applies to conforming and nonconforming lots
of record): For detached residential dwellings and duplexes the external
floor area shall be the same as in the R6 zone district. All other uses: 1:1.
12. Internal floor area ratio:
a. Multi-family: No requirement.
b. Lodge, rental space: Maximum of 0.5:1, which can be increased to
0.75:1 internal F.A.R. of lodge rental space provided 33 1/3% of the
additional floor area is approved for residential use restricted to affordable
housing for employees of the lodge.
c. Lodge: Non-unit space: Minimum of 0.25:1.
Section 3:
Section 26.470.070, which section defines the types of development that may be
exempted from the scoring and competition procedures of growth management, is hereby
amended to include a new section to read as follows:
Ordinance No. 41, Series of 2000
Page 3
N. Conversion of residential reconstruction credits to tourist accommodations
units. The conversion of reconstruction credits derived from the demolition
of residential dwelling units pursuant to Section 26.470.070(A)(2) to tourist
accommodations units shall be exempt from the growth management
competition and scoring procedures. This exemption is deducted from the
Aspen Metro Area development ceilings established pursuant to Section
26.470.030. Exemption review is by City Council. This exemption shall only
be granted if the following standards are met:
1. Demolished residential dwelling units shall be convened to tourist
accommodation units at the rate of 2.95 tourist accommodations units per
each one residential unit;
2. Tourist accommodations units obtained pursuant to this exemption shall
only be developed in those zone districts in which lodge and hotel units
are a permitted use;
3. Development of the tourist accommodations units shall be limited to the
same parcel from which the reconstruction credits were derived, on a
contiguous parcel owned by the applicant, or within a Planned Unit
Development approved pursuant to Section 26.445;
4. Employee housing or cash-in-lieu thereof shall be provided to mitigate for
additional employees generated by the development of the tourist
accommodations units;
5. 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;
6. Adequate parking and public facilities exist or can be provided for the
development; and,
7. The proposed development is consistent with the Aspen Area Community
Plan.
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:
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.
Ordinance No. 41, Series of 2000
Page 4
Section 6:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 7:
A public hearing on the Ordinance was held on the 25* day of September, 2000, at
5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15)
days prior to which hearing a public notice of the same was 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 the 28* day of August, 2000.
Attest:
'K~thr~n S;~6ch, C(ty Clerk R~adhel E. Richards, Mayor ~x. '
FINALLY, adopted, passed and approved this 25* day of September, 2000.
· K~thryn ~,~.,~- ~ ; City~21erk
. _ ~ R~hel E. Richards, Mayo~
' Approved as to form:
Ordinance No. 41, Series of 2000
Page 5