HomeMy WebLinkAboutordinance.council.002-98 ORDINANCE NO. 2
(Series of 1998)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF
THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.28.090,
"RMF, RESIDENTIAL MULTI-FAMILY ZONE DISTRICT, TO ALLOW TWO
DETACHED UNITS WITH A MINIMUM LOT SIZE OF 6,000 SQUARE FEET.
WHEREAS, Section 26.92.030 of the Municipal Code provides that amendments'
to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and
recommended for approval by the Planning Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved with conditions, or
disapproved by the City Council at a public heating; and
WHEREAS, the Planning Director did receive from Ron Kanan an application
for an amendment to the land use regulations, and reviewed and recommended for
approval, certain text amendments to Chapter 26 relating to Section 26.92.030; and
WHEREAS, the Planning and Z~ning Commission reviewed the proposed text
amendment on December 16, 1997 at which time the Planning and Zoning Commission
recommended approval to City Council by a vote of 6-1; and
WHEREAS, the City Council finds that the text amendment as proposed is
consistent with the public welfare and purposes and intent of Chapter 26 of the Municipal
Code and meets the review standards of Section 26.92.010.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
Section 26.92.030, "RMF Residential Multi-Family Zone District, is hereby
recommended to be mended to read as follows:
26.28.090 Residential Multi-Family (RfMF).
A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone
district is to provide for the use of land for intensive long-term residential purposes, with
customary accessory uses. Recreational and institutional uses customarily found in
proximity to residential uses are included as conditional uses. Lands in the
Residential/Multi-Family (RflvlF) zone district are typically those found in the original
Aspen Townsite, within walking distance of the center of the city, or include lands on
transit routes, and other lands with existing concentrations. of attached residential
dwellings and mixed attached and detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the
Residential/Multi-Family (R/MF) zone district. 1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The affordable
housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the
duplex. In the alternative, both may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Multi-family dwellings;
4. Home occupations;
5. Accessory buildings and uses; and
6. Dormitory.
7. Two detached residential dwellings on a lot with a minimum of 6,000
square feet, of which one unit shall be restricted as affordable housing to the middle
income price and occupancy guidelines. The affordable housing unit shall comprise a
minimum of one-third (1/3) of the total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit shall be provided for each unit.
C. Conditional uses. The following uses are permitted as conditional uses in
the Residential/Multi-Family .(R/MF) zone district, subject to the standards and
procedures established in Chapter 26.60. 1. Open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Day care center;
6. Museum;
7. For properties which contain a historic landmark: bed and breakfast; and
boardinghouse.
8. Accessory dwelling units meeting the provisions of Section 26.40.090.
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone
district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Detached residential dwelling: 6,000
Duplex: 3,000
Two detached residential dwellings: 3,000
For multi-family dwellings on a lot between 6,000 and 9,000 square feet,
the following minimum lot area per dwelling unit (square feet) requirements apply:
Studio: 1,000
1 bedroom: 1,200
2 bedroom: 2,000
3 bedroom: 3,000
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi-family dwellings on a lot of more than 9,000 square feet, thd
following minimum lot area per dwelling unit (square feet) requirements apply: Studio: 1,000
1 bedroom: 1,250
2 bedroom: 2, 100
3 bedroom: 3,630
Units with more than 3 bedrooms:. One (1) bedroom per 1,000
square feet of lot area.
For multi°family dwellings on a lot of 27,000 square feet or less, when at
least fifty percent (50%) of the units built on-site are restricted as affordable housing, the
following minimum lot area per dwelling unit (square feet) requirements apply: Studio: 500
1 bedroom: 600
2 bedroom: 1,000
3 bedroom: 1,500
Units with more than 3 bedrooms: One (1) bedroom per 500 square
feet of lot area.
For multi-family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units bulk on-site are restricted as affordable housing, the
following minimum lot area per dwelling unit (square feet) requirements apply: Studio: 300
1 bedroom: 400
2 bedroom: 800
3 bedroom: 1,200
Units with more than 3 bedrooms: One (I) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
· 3. Minimum lot width (feet): 60
4. Minimum from yard (fee0i
Principal building: 10
Accessory building: 15
5. Minimum side yard (feet): The following side yard requirements apply to
detached residential and duplex dwellings only*:
Lot Size Minimum Size for Total of Both Side
(Square Feet) Each Side Yard (Feet) Yards (Feet)
0-4,500 5 10 feet.
47500--6,000 5 10 feet, plus 1 foot 'for each
additional 300 square feet of lot area,
to a maximum of 15 feet of total side
yard.
6,000+ 5 15 feet, plus 1 foot for each
additional 200 square feet of lot
area, to a maximum of 20 feet of
total side yard.
*Two detached dwellings on one lot shall not be subject to combined sideyard setback
requirements.
The minimum side yard for multi-family dwel!ings shall be 5 feet.
6. Minimum rear yard (feet):
Principal building: 10
Accessory building: 5
7.Maximum height (feet): 25
8. Minimum distance between buildings on the lot (feet): 10. For two
detached buildings on one lot, the minimum distance internally between buildings shall
be 6 feet.
9. Percent of open space required for building site: 35
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
DETACHED RESIDENTIAL DWELLINGS
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 80 square feet of floor area for each 100 in lot area, up to a
maximum of 2,400 square feet of floor area.
3,000--6,000 2,400 square feet of floor area, plus 28 square feet of floor'
area for each additional 100 square feet in lot area, up to a
maximum of 3,240 square feet of floor area.
6,000--9,000 3,240 square feet of floor area, plus 14 square feet of floor
area for each additional 1 O0 square feet in lot area, up to a
maximum of 3,660 square feet of floor area.
9,000--15,000 3,660 square feet of floor area, plus 6 square feet'of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,020 square feet of floor area.
15,000--50,000 4,020 square feet of floor area, plus 5 square feet of floor
area for each additional 1 O0 square feet in lot area, up to a
maximum of 5,770 square feet of floor area.
50,000+ 5,770 square feet of floor area, plus 2 square feet of floor
area for each additional 100 square feet in lot area.
DUPLEX
Lot Size (Square Feet) Allowable Square Feet*
0--3,000 90 square feet of floor area for each 100 square feet
in lot area, up to a maximum of 2;700 square feet of
floor area.
3,000--6,000 2,700 square feet of floor area, plus 30 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 3,600 square feet of floor area.
6,000--9,000 3,600 square feet of floor area, plus 16 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum 6f4,080 square feet of floor area.
9,000--15,000 4,080 square feet of floor area, plus 6 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 4,440 square feet of floor area.
15,000--50,000 4,440 square feet 0ffloor area, plus 5 square feet of floor
area for each additional 100 square feet in lot area, up to a
maximum of 6,190 square feet of floor area.
50,000+ 6,190 square feet of floor area, plus 3 square feet offlo0r
area for each additional 100 square feet in lot area.
*Total external floor area ratio for two detached residential dwellings on a lot
which is 6,000 square feet or greater shall not exceed the floor area allowed for one
duplex.
Multi-family: 1: 1, which may be increased to 1.1 :I by special review pursuant to
Chapter 26.64.
11. Internal floor area ratio: No requirement.
E. Off-street parking requirement. The following off-street parking spaces
shall be provided for each use in the Residential/Mnlti-Family (R/MF) zone district,
subject to the provisions of Chapter 26.60.
1. For single-family and duplex residential use and muiti-family use: two (2)
spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to
Chapter 25.64 for historic landmarks only, and fewer spaces may be provided pursuant to
Chapter 26.60 for accessory dwelling units only. One (1) space/dwelling unit is required
if the unit is either a studio or one-bedroom unit.
2. Lodge uses: Requires special review pursuant to Chapter 26.64.
3. All other uses: Requires special review pursuant to Chapter 26.64. (Ord.
No. 47-1988, §§ 2, 5, 7, 13; Ord. No. 7-1989, § 1; Ord. No. 22-1995, § 6; Ord. No. 38-
1996, § 2: Code 1971, § 5-206)
Section 2:
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 3:
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 4:
A public hearing on the Ordinance shall be held on the 23rd day of February,
1998 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.
Jo~B~e~ett/,'
ATTEST; '
~ty Clerk
FINALLY, adopted, 'passed and approved this ~' day
Approved as to form: ApproVed as to content:
ATTEST:"?
~ity Clerk