HomeMy WebLinkAboutordinance.council.035-83 RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO. 5--
(Series of 198-~7~
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 24-11.1 OF
THE MUNICIPAL CODE BY ESTABLISHING LODGE DEVELOPMENT QUOTAS FOR
INDIVIDUAL LODGE ZONE DISTRICTS; AMENDING SECTION 24-11.6 OF THE
MUNICIPAL CODE, THE LODGE DEVELOPMENT QUOTA SYSTEM; AND AMENDING
SECTION 24-3.1 BY ADDING A SUBSECTION (gg) THERETO TO DEFINE
"DORMITORY"
WHEREAS, on September 13, 1982, the Aspen City Council did
adopt Ordinance 38, Series of 1982, establishing an L-3 Lodge
Preservation zone district, and
WHEREAS, on December 27, 1982, the Aspen City Council did
adopt Ordinance 68, Series of 1982, rezoning 25 lodges from vari-
ous districts in which they were nonconforming uses to L-3, Lodge
Preservation, and
WHEREAS, during the course of the establishment of the L-3,
Lodge Preservation zone district, the Aspen Planning and Zoning
Commission and the Aspen City Council did indicate their intent to
review the lodge development quota system in light of the needs of
and the limitations upon the new zone district, and
WHEREAS, the Aspen City Council does wish to amend the lodge
development quota system so as to ensure that projects designed to
upgrade existing lodges in the L-3 zone district may equitably
compete with lodge development projects in Aspen's other zones,
and
WHEREAS,,the growth management approach which the Aspen City
Council believes will best deal with the needs of and the limita-
tions upon the L-3 zone district is the establishment of a separ-
ate quota for L-3 lodges and the amendment of the evaluation cri-
teria and informational requirements for lodge developments to
differentiate between new lodge developments and projects which
merely add to existing lodges.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 24-11.1 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
"Sec. 24-11.1. Limitations on development.
All other provisions of this zoning code notwithstanding,
there shall be constructed within the City of Aspen in each
year no more than the following:
(a) Within all zone districts, thirty-nine (39) residential
units;
(b) Within the L-l, L-2, CC and CL zone district, thirty-
five (35) lodge or hotel units;
(c) Within the L-3 zone district, ten (10) lodge or tourist
dormitory units;
(d) Within the CC and C-1 zone district, ten thousand
(10,000) square feet of commercial and office space;
(e) Within the NC and SCI zone districts, seven thousand
(7,000) square feet of commercial and office space;
(f) Within the O zone district, four thousand (4,000) square
feet of commercial and office space; and
(g) Within the CL and all other zone districts, three thou-
sand (3,000) square feet of commercial and office space;
provided that these maximums may be deviated from under those
conditions specified in Section 24-11.3(a). No construction,
except for that described in Section 24-11.2, shall proceed
until the project shall have been awarded a development
allotment pursuant to the provisions of this article."
Section 2
That Section 24-11.6 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 24-11.6. Lodge development application procedures.
The following procedures shall govern the award of develop-
ment allotments for lodges:
(a) Complete applications containing the following informa-
tion shall be filed with the city planning office, on or
before October 1st of each year. Prior to the filing
date, applicants are encouraged to engage in a pre-
application conference with the planning office for the
purpose of clarifying, as necessary, the following
requirements:
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RECORD OF PROCEEDINGS 100 Leaves
(1) A written description of the proposed development
including comments as to:
aa) Type of water system to be used, including
information on main size and pressure, the
excess capacity available in the public water
supply system to serve the proposed building
or the addition thereto; the location of the
nearest main; proposed facilities necessary to
provide fire protection including fire
hydrants and water storage tanks.
bb) Type of sewage treatment system to be used,
the existing excess capacity available in the
sewage treatment system; the location of the
nearest trunk or connecting sewer line; the
estimated sewer demand of the building or the
addition thereto.
cc) Type of drainage system proposed to handle
surface, underground and runoff water from the
building or the addition thereto.
(dd) Total development area including lot coverage,
internal square footage, and areas devoted to
open space or landscaping.
(ee) Estimated traffic count increase on adjacent
streets resulting from the proposed building
or the addition thereto; total number of vehi-
cles expected to use or be stationed in the
proposed buildings; hours of principal daily
usage; on and off street parking to be sup-
plied; location of alternate transit means
(bus route, bike paths, etc.); any auto disin-
centive techniques incorporated into the pro-
posed building or the addition thereto.
(ff) Effects of the proposed development on adja-
cent land uses in the vicinity of the project.
(gg) The proposed construction schedule including,
if applicable, a schedule for phasing con-
struction.
(2) A site utilization map including:
(aa) Preliminary architectural drawings in suffi-
cient detail to show building size, height,
materials, insulation, fireplaces or solar
energy devices (demonstrating energy conserva-
tion or solar energy utilization features),
type of commercial spaces or units, and loca-
tion of all buildings (existing and proposed)
on the development site.
(bb) Proposed landscaping, screening, attempts at
preserving natural terrain and open space, and
undergrounding of utilities.
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RECORD OF PROCEEDINGS 100 Leaves
(cC) Motor vehicle circulation, parking, bus and
transit stops and improvements proposed to
ensure privacy from such areas.
(dd) Any major street or road links and school
sites, pathways, foot, bicycle or equestrian
trails, greenbelts.
(ce) General description of surrounding existing
land uses and identification of zoning or
historical district boundary lines, if any.
(b) The planning office shall evaluate all development
allotment applications during the early weeks of Octo-
ber, reject those that are ineligible under section 24-
11.3(c) and present its recommendations to the planning
and zoning commission at a regular meeting of the com-
mission during November. The planning and zoning com-
mission shall review all applications taking into con-
sideration the following criteria and point schedule
with respect to each of the following areas of concern:
(1) Availability of public facilities and services
(maximum 10 points). The commission shall consider
each application with respect to the impact of the
proposed building or the addition thereto upon pub-
lic facilities and services and shall rate each
development by assigning points according to the
following formula:
0 -- Pro~ect requires the provision of new services
at increased public expense.
1 -- Project can be handled by the existing level
of service in the area or any service improve-
ment by the applicant benefits the project
only and not the area in general.
2 -- Project in and of itself improves the quality
of service in a given area.
The following services shall be rated accordingly:
(aa) Water (maximum 2 points) considering the abil-
ity of the ~ater system to serve the develop-
ment and the applicant's commitment to finance
any system extensions or treatment plant
upgrading required to serve the development.
(bb) Sewer (maximum 2 points) considering the abil-
ity of the sewer system to serve the develop-
ment and the applicant's commitment to finance
any system extensions or treatment plant
upgrading required to serve the development.
(cc) Storm drainage (maximum 2 points) considering
the degree to which the applicant proposes to
retain surface runoff on the development site.
If the development requires use of the city's
drainage system, considering the commitment by
the applicant to install the necessary drain-
age control facilities and to maintain the
system over the long term.
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(dd) Fire protection (maximum 2 points) considering
the ability of the fire department to provide
fire protection according to its established
response standards without the necessity of
establishing a new station or requiring addi-
tion of major equipment to an existing sta-
tion, the adequacy of available water pressure
and capacity for providing fire fighting
flows; and the commitment of the applicant to
provide fire protection facilities which may
be necessary to serve the project, including,
but not limited to, fire hydrants and water
storage tanks.
(ee) Roads (maximum 2 points) considering the capa-
city of major linkages of the road network to
provide for the needs of the proposed develop-
ment without substantially altering the exist-
ing traffic patterns, creating safety hazards
or overloading the existing street system; and
the applicant's commitment to finance the
necessary road system improvements to serve
the increased usage attributable to the
development.
(2) Quality of or improvements to design (maximum 15
points). The commission shall consider each appli-
cation with respect to the quality of its exterior
and site design and any improvements proposed
thereto, and shall rate each development by assign-
ing points according to the following formula:
0 -- Indicates a totally deficient design.
I -- Indicates a major design flaw.
2 -- Indicates an acceptable (but standard) design.
3 -- Indicates an excellent design.
The following shall be rated accordingly:
(aa) Architectural design (maximum 3 points) con-
sidering the compatibility of the proposed
building or any addition thereto (in terms of
size, height, location and building materials)
with existing neighborhood developments.
(bb) Site design (maximum 3 points) considering the
quality and character of the proposed or the
improvements to the existing landscaping and
open space areas, the extent of undergrounding
of utilities, and the provision of pedestrian
amenities (paths, benches, etc.) to enhance
the design of the development and to provide
for the safety and privacy of the users of the
development.
(cc) Energy conservation (maximum 3 points) con-
sidering the use of insulation,, solar energy
devices, passive solar orientation and similar
techniques to maximize conservation of energy
and use of solar energy sources in the lodge
or any addition thereto.
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(dd) Parking and cirulation (maximum 3 points) con-
sidering the quality and efficiency of the
internal circulation and parking system for
the project, or any addition thereto, includ-
ing the proposed automobile and service vehi-
cle access and loading areas, and the design
features to screen parking from public views.
(ee) Visual impact (maximum 3 points) considering
the scale and location of the proposed build-
ings or any addition thereto, to maximize
public views of surrounding scenic areas.
(3) Amenities provided for guests (maximum 9 points).
The commission shall consider each application with
respect to the quality and spaciousness of its pro-
posed services for guests as compared to the size
of the proposed lodging project or any addition
thereto. The commission shall rate each develop-
ment by assigning points according to the following
formula:
0 -- Indicates a total lack of guest amenities.
1 -- Indicates services which are judged to be
deficient in terms of quality or spaciousness.
2 -- Indicates services which are judged to be
adequate in terms of quality and spaciousness.
3 -- Indicates services which are judged to be
exceptional in terms of quality and spacious-
ness.
The following shall be rated accordingly:
(aa) Availability of or improvements to the exist-
ing on-site common meeting areas, such as
lobbies and conference areas, in relation to
the size of the proposed lodging project or
any addition thereto (maximum 3 points).
(bb) Availability of or improvements to the exist-
ing on-site dining facilities, including any
restaurants, bars and banquet facilities, in
relation to the size of the proposed lodging
project or any addition thereto (maximum 3
points).
(cc) Availability of or improvements to the exist-
ing on-site accessory recreational facilities,
such as health clubs, pools and other active
areas, in relation to the size of the proposed
lodging project or any addition thereto (maxi-
mum 3 points).
(4) Conformance to local public policy goals (maximum
30 points). The commission shall consider each
application and its degree of conformity with local
planning policies, as follows:
(aa) Provision of employee housing (maximum 15
points). The commission shall award points as
follows:
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RECORD OF PROCEEDINGS 100 Leaves
0 to 50% of the additional lodge employees
generated by the project who are housed
on or off-site - 1 point for each 10%
housed.
51 to 100% of the additional lodge employees
generated by the project who are housed
on or off-site - 1 point for each 5%
housed.
The applicant shall, prior to the deadline for
submission of applications, provide the plan-
ning office with a detailed list of all
employees required to serve the lodge or any
addition thereto as documentation for the
claim as to the percentage of employees housed
on- or off-site. The planning office shall,
prior to the deadline for submission of appli-
cations, advise the applicant as to the number
of employees the project is expected to gener-
ate, based on the proposed size and level of
services of the lodge. If the planning com-
mission determines that the proposed project
generates no new employees, it shall award to
the applicant the full 15 points available
within this subsection.
(bb) Rehabilitation and reconstruction of existing
units (maximum 15 points). The commission
shall award points as follows:
0 to 50% of the total existing unit inventory
or non-unit space in the lodge which the
applicant agrees to rehabilitate or re-
construct - 1 point for each 10% rehabil-
itated or reconstructed.
50 to 100% of the total existing unit inven-
tory or non-unit space in the lodge which
the applicant agrees to rehabilitate or
reconstruct - 1 point for each 5% reha-
bilitated or reconstructed.
For the purposes of this section, rehabilita-
tion shall include the upgrading of the struc-
ture and appearance of a lodge unit or of non-
unit space by its in-place restoration to a
substantially higher quality status relative
to the segment(s) of the tourist population to
which the lodge is marketed, which may alter
its size. For the purposes of this section,
reconstruction shall include the partial or
complete demolition and rebuilding of a lodge
unit or non-unit space which may be accom-
plished in a similar or different size to the
original configuration, provided that the
rebuilt portion of the lodge is located on the
same site. For the purposes of this section,
non-unit space shall include those areas of
the lodge not included within individual lodge
units but intended to serve the guests of the
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facility, including but not limited to the
lobby, halls, recreational areas and dining
facilities. In the case of both rehabilita-
tion and reconstruction, the units and the
non-unit space shall be required to meet all
other provisions of this zoning code and other
applicable codes.
To be eligible for points in this section, an
applicant shall provide a conceptual program
identifying the proposed improvements to be
made to the lodge units or the non-unit space
and the timetable for their restoration or
rebilding which provides that the rebuilt por-
tions of the lodge are suitable for occupancy
prior to or at the same time as the new units
for which an allotment has been requested. In
the alternative, an applicant may submit an
affidavit itemizing the expense incurred dur-
ing the previous twenty-four (24) months and
documenting that the expenditures have re-
sulted in substantial upgrading of the inven-
tory of tourist units in the lodge, and/or its
guest facilities. Points shall only be
awarded under this section to applicants
located in the L-3 zone and not to those in
the L-l, L-2, CC or CL zone districts.
(5) Bonus points (maximum 6 points). The commission
members may, when any one determines that a project
has not only incorporated and met the substantive
criteria of section 24-11.6(b)(1), (2), (3) and
(4), but has also exceeded the provisions of these
subsections and achieved an outstanding overall
design meriting recognition, award additional bonus
points not exceeding ten (10) percent of the total
points awarded under section 24-11.6(b)(1), (2),
(3) and (4), prior to the application of the cor-
responding multiplier. Any commission member
awarding bonus points shall provide a written jus-
tification of that award for the public hearing
record.
(c) The commission shall consider all eligible applications
at a public hearing at the close of which each member of
the commission shall identify the number of points
assigned by him under each of the criteria outlined
hereinabove in subsection (b) of this Section 24-11.6
after having multiplied the number of points assigned
under each of the following sections by the correspond-
ing multiplier:
Points
Section Multiplier Available
24-11.6(b)(1)(aa) (Water-2 pts.) 1 2
24-11.6(b)(1)(bb) (Sewer-2 pts.) 1 2
24-11.6(b)(1)(cc) (Storm drain-
age-2 pts.) 1 2
24-11.6(b)(1)(dd) (Fire protec-
tion-2 pts.) I 2
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24-11.6(b)(1)(ee) (Roads-2 pts.) I 2
24-11.6(b)(2)(aa) (Architectural
design-3 pts.) 3 9
24-11.6(b)(2)(bb) (Site design-
3 pts.) 3 9
24-11.6(b)(2)(cc) (Energy conser-
vation-3 pts.) 1 3
24-11.6(b)(2)(dd) (Parking and cir-
culation-3 pts.) 3 9
24-11~6 b)(2)(ee) (Visual impact-
3 pts.) 3 9
24-11.6 b)(3)(aa) (Common meeting
areas-3 pts.) 3 9
24-11.6 b)(3)(bb) (Dining facilities-
3 pts.) 2 6
24-11.6 b)(3)(cc) (Recreational facil-
ities-3 pts.) 2 6
24-11.6 b)(4)(aa) (Employee housing-
15 pts.) 1 15
24-11.6 b)(4)(bb) (Rehabilitation and reconstruction-
15 pts.) 1 15
24-11.6(b)(5) (Bonus pts.-6 pts.) 1 6
TOTAL: 91'
106,*
* L-l, L-2, CC and CL zones.
** L-3 zone.
Any project not receiving a minimum of sixty (60) per-
cent of the total points available under section 24-
11.6(b)(1), (2), (3) and (4) or a minimum of thirty (30)
percent of the points available under each of section
24-11.6(b)(1), (2), (3) and (4) shall no longer be con-
sidered for a development allotment and the application
shall be considered denied.
(d) Projects shall be recommended for the award of a devel-
opment allotment in accordance with the following rank-
ing formula. Each commission member voting thereon
shall rank the projects in the order of their priority
such that the project receiving the highest number of
total points shall be deemed the first priority project
for such commission member. Each commission member
voting thereon shall then assign a common number to each
project in the rank order of its priority (i.e., the
highest project for each commission member shall be
assigned the common number "1", the next "2", etc.).
For each project the common number assigned shall be
averaged. The project receiving the lowest average num-
ber shall be deemed to be the highest ranking project of
the commission. The ranking thus established by the
commission shall be forwarded to the City Council on or
before December 1st of each year. In the event of ties
as to the overall ranking, those projects tying shall
then be ranked according to the total points awarded to
each project by each commission member voting thereon.
The project receiving the highest number of total points
shall be deemed to be the highest ranking project of the
commission, and the ranking thus established by the com-
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RECORD OF PROCEEDINGS 100 Leaves
mission shall be forwarded to the city council on or
before December Ist of each year.
(e) Having received the commission's report, the city coun-
cil shall consider any challenges thereto by applicants;
provided, however, that the city council review shall be
limited to determining whether there was a denial of due
process or abuse of discretion by the commission in its
scoring. Any challenges must be filed with the planning
office within fourteen (14) days of the date of the pub-
lic hearing by the planning ad zoning commission.
(f) Subsequent to the conclusion of all protest hearings
provided for in this section, during which the city
council may amend the number of points awarded to any
protesting applicant, the city council shall by resolu-
tion and prior to January Ist of each year, allocate
development allotments among eligible applicants in the
order of priority established by their rank. Those
applicants having received allotments may proceed to
apply for any further development approvals required by
the zoning, building or any other regulations of the
city. Unallocated allotments may be carried over to the
following year for possible distribution at that (or a
later) time.
(g) No applicant shall, after submission of his application
pursuant to section 24-11.6(a) amend, modify or change
his application except in insubstantial part and for
purposes of clarification or technical correction only.
The standards of section 24-11.7(b) shall determine
whether or not a change is deemed insubstantial.
(h) The procedural deadlines established in this section
24-11.6 may be modified by the Aspen City Council for
the year 1983 in the event that they are unworkable
given the effective date of this article."
Section 3
That Section 24-3.1 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended by the addition of a subsection
"(gg)" to read as follows:
"(gg) Dormitory: A building or space within a building which
provides group sleeping accommodations for persons who
are not members of the same family group in one room or
in a series of closely associated rooms under joint
occupancy and single management without individual cook-
ing facilities. Occupancy of a dormitory unit shall be
limited to no more than eight persons."
Section 4
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
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RECORD OF PROCEEDINGS 100 Leaves
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5
A public hearing on the ordinance shall be held on the
day of ~ , 1983, at 5:00 P.M. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15
days prior to which hearing notice of the same shall be published
once in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, ~AD AND ORDERED published as provided by law by
the City Council of the City of Aspen on the // day of
,.. , 1983.
~ William L. Stirl~g, Mayor
KTTE ~ :-
r~
FINALLY adopted, passed and approved this ~ day of
~ : . / William L. Stirring, ~yor
ATTEST:
, City Clerk
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RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO )
ss CERTIFICATE
COUNTY OF PITKIN )
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do
hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on ~
reading at a regular meeting of the City~/'lfCounc~ o the
City of Aspen on ~ // , 19 ~ and published
in the Aspen Times a weekly newspaper of general circulation
published in the City of Aspen, Colorado, in its issue of
/~ 19F5 and was finally adopted
and approved at a regular meeting of the City Council on
.~~ ~ 19 ~ and ordered published as
Ordinance No. ~'-- , Series of 19 ~ , of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado this ~ day
SEAL
Deputy City Clerk