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HomeMy WebLinkAboutordinance.council.008-12 NOT Afi li ORDINANCE NO. 8_ (SERIES OF 2012) 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, The City of Aspen regulates land uses within the City limits in accordance with Title 26 of the Aspen Municipal Code pursuant to its Home Rule authority; 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, Section 4.11 of the City of Aspen Charter authorizes the City Council to enact emergency ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote of City Council members present or upon a vote of four (4) Council members; and, WHEREAS, in light of the potential rate and character of development activity and the negative impacts of such development activity on public property and 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 26.710.140, Commercial Core (CC) Zone District. • Section 26.710.150, Commercial (C -1) Zone District. • Section 26.575.020(F)(4)(a -e), Measuring Building Heights - Allowed Exceptions to Height Limitations WHEREAS, the amendments to the Land Use Code are delineated as follows: • Text being removed is highlighted, bold, and strikethrough. Text being removed looks-like-this,. • Text being added is highlighted, bold, and underline. Text being added looks like this. • Text which is not highlighted is not affected. Emergency Ordinance Page 1 Ordinance No. , Series of 2012 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 26.710.140 of the Aspen Municipal Code, Zone Districts - Commercial Core (CC), which section describes the dimensional requirements and uses allowed in the Commercial Core Zone District, is hereby amended to read as follows: 26.710.140. Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, and affordable housing and uses oriented to both local and tourist populations to encourage a high level of • vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front -most street - facing facade. This prohibition shall not apply to split -level buildings (see definition). Parking shall not be allowed as the sole use of the ground floor. 3. Uses allowed on upper floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi - family housing, • • - _ and home • occupations. 4. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other CD Emergency Ordinance Page 2 Ordinance No. , Series of 2012 floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Gasoline service station. 2. Commercial parking facility, pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: 1. Minimum Gross Lot Area (square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear yard setback (feet): No requirement 7. Minimum utility /trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height (feet): 28 -32 feet. • • . - . . • • •• • • • - • . • . ' _ : • • • commercial design review. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. See Chapter 26.412. 9. Minimum distance between buildings on the lot (feet): No requirement. 10. Public amenity space: Pursuant to Section 26.575.030. 11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1 2.25:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.75:1 2.25:1. c. Affordable multi - family housing: No limitation. Emergency Ordinance Page 3 Ordinance No. , Series of 2012 d. Lodging: 0.5:1, which may be increased to 1.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. ... • ... .. • . •• !!o. . .. • 12. Maximum multi- family residential dwelling unit size (square feet) (for units approved prior to February 28, 2012): two thousand (2,000) square feet of net livable area. a. The property owner may increase individual multi - family unit size by extinguishing historic transferable development right certificates ( "certificate" or "certificates "), subject to the following: 1. The transfer ratio is 500 square feet of net livable area for each certificate that is extinguished. 2. The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 square feet of net livable area (i.e., no more than five hundred [500] additional square feet may be applied per unit). 3. This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the FAR of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing CD certificates. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off units, this maximum shall apply to the largest possible combination of units. 14. Commercial /residential ratio: The total lodging and free residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.140.D.11.a. and b. combined on the same parcel. Section 2: Section 26.710.140 of the Aspen Municipal Code, Zone Districts — Commercial (C -1), which section describes the dimensional requirements and uses allowed in the Commercial Zone District, is hereby amended to read as follows: 26.710.150. Commercial (C - 1). A. Purpose. The purpose of the Commercial (C -1) Zone District is to provide for the establishment of mixed -use buildings with commercial uses on the ground floor and opportunities for affordable residential density. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines. Emergency Ordinance Page 4 Ordinance No. , Series of 2012 B. Permitted uses. The following uses are permitted as of right in the Commercial (C -1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi - family housing, free -mare and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C -1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Lodging, affordable multi - family housing, free - market multi - family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. 3. For historic landmark properties: Detached residential dwelling, two (2) detached residential dwellings and duplex dwelling. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C -1) Zone District: 1. Minimum Gross Lot Area (square feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R -6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R -6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R -6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R -6 Zone District. Emergency Ordinance Page 5 Ordinance No. , Series of 2012 b. All other uses: No requirement. 6. Minimum rear yard setback (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R -6 Zone District. b. All other uses: No requirement. 7. Minimum utility /trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height: a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R -6 Zone District. b. All other uses: twenty -eight (28) feet to thirty -two (32) feet fer-twe-stery-elements . . .. • . . • • • . See Chapter 26.412. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. 9. Minimum distance between buildings on the lot (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R -6 Zone District. b. All other uses: No requirement. 10. Public amenity space: Pursuant to Section 26.575.030. 11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1 2.25:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1 2.25:1. c. Affordable multi - family housing: No limitation. d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock -off units. • • .. .. • .. • • 1.5:1, which may be increased to .75:1 if .. . . 11 . • . f. Detached residential dwellings, duplex dwellings and bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80 %) of allowable floor area of a same -sized lot located in the R -6 Zone District. (See R -6 Zone Emergency Ordinance Page 6 Ordinance No. , Series of 2012 District.) Extinguishment of historic TDRs shall not permit additional FAR for single- family or duplex development. 12. Maximum multi - family residential dwelling unit size (square feet) (for units approved prior to February 28, 2012): 2,000 square feet of net livable area. a. The property owner may increase individual multi - family unit size by extinguishing historic transferable development right certificates ( "certificate" or "certificates "), subject to the following: 1. The transfer ratio is five hundred (500) square feet of net livable area for each certificate that is purchased. 2. The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is two thousand five hundred (2,500) square feet of net livable area (i.e., no more than five hundred [500] additional square feet may be applied per unit). 3. This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the FAR of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock -off units, this maximum shall apply to the largest possible combination of units. 14. Commercial/residential ratio: The total lodging and free-market—residential net livable area shall be no greater than the total above -grade floor area associated with the uses described in Subparagraphs 26.710.150.D.11.a. and b. combined on the same parcel. Section 3: Section 26.575.020(F)(4)(a -e) of the Aspen Municipal Code, Measuring Building Heights — Allowed Exceptions to Height Limitations, which section describes the allowed exceptions to building heights, is hereby amended to read as follows: 4. Allowed Exceptions to Height Limitations a. Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as © hoods, caps, shields, coverings spark arrestors, and similar functional devices or ornamental do -dads shall be contained within the limitations of this height exception. Emergency Ordinance Page 7 Ordinance No. , Series of 2012 On structures other than a single- family or duplex residential building or an accessory building, all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street facing fagade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b. Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 — Wireless Telecommunication Services Facilities and Equipment. c. Elevator and Stair Enclosures. On structures other than a single - family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single - family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d. Rooftop Railings. On any structure other than a single - family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing • connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. For single - family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e. Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to five (5) feet above height of the building at the point the equipment is attached. On structures other than a single- family or duplex residential building or an accessory building, all mechanical equipment should be set back from any Street facing facade of the building a minimum of twenty (20) feet. Mechanical equipment shall be combined and co- located to the greatest extent practicable. Section 4: 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. Applications for development in the CC or C -1 zone districts made between first and second reading of this Ordinance shall be reviewed for completeness within 5 business days. Any application Emergency Ordinance page 8 Ordinance No. _ , Series of 2012 deemed incomplete will not be accepted and will need to re -apply under the new code outlined - herein. An applicant has the ability to appeal this decision, as outlined in Land Use Code Section 26.316, Appeals. 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 5: Emergency Declaration It is hereby declared that, in the opinion of the City Council, an emergency exists; and there is a need for the preservation of public property, health, peace or safety and for the general welfare of the City of Aspen, its residents, and guests; which will be addressed through lowering of heights and FAR and the restriction of free - market residential units in the downtown commercial zones. Section 6: Existing Litigation 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 7: Severability 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 8: Publication 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 possible, and record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 9: 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 February, 2012. Attest: Emergency Ordinance Page 9 Ordinance No. _ , Series of 2012 Kathryn S. Koch, City Clerk Michael C Ireland, Mayor FINALLY, adopted, passed and approved this 28 day of February, 2012, by ❑ The unanimous vote of all City Council members present; or ❑ A vote of four (4) City Council members. Attest: Kathryn S. Koch, City Clerk Michael C Ireland, Mayor Approved as to form: City Attorney 3 G:\NEW G DRIVE FOLDERS_CITY\PLANNING\Long Range Planning\2008_AACP\AACP Code Amendments 2011 -2012 \EmergencyOrdinance2012.doc Emergency Ordinance Page 10 Ordinance No. , Series of 2012 •