HomeMy WebLinkAboutordinance.council.012-12 RECEPTION#: 588115, 04/10/2012 at
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1 OF 9, R $51.00 Doc Code ORDINANCE
Janice K.Vos Caudill, Pitkin County, CO
• ORDINANCE NO. 12
SERIES OF 2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,
AMENDING THE HEIGHT AND FAR IN THE CC AND C-1 ZONE DISTRICTS:
26.710.140,COMMERCIAL CORE(CC)ZONE DISTRICT;26.710.150,COMMERCIAL
(C-1)ZONE DISTRICT; AND AMENDING VARIOUS SECTIONS OF CHAPTER
26.575.020(F)(4),CALCULATIONS AND MEASUREMENTS—ALLOWED EXCEPTIONS
• TO HEIGHT LIMITATIONS, TO THE MUNICIPAL CODE OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City of Aspen City Council initiated amendments to the Land Use Code
related to the allowed heights and free-market FAR in the CC and C-1 zone districts; and,
WHEREAS,pursuant to Section 26.310, applicatiops to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended,for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Sections 26.710.140, Commercial
Core (CC) Zone District; 26.710.150, Commercial (C-1) Zone District, and 26.575.020(F)(4),
Calculations and Measurements—Allowed Exceptions to Height; and,
WHEREAS, during a duly noticed public hearing on March 20, 2012, the Planning and
Zoning Commission recommended that City Council approve the proposed amendments by a six
—zero (6-0) vote; and,
•
WHEREAS,during a duly noticed public hearing on April 2, 2012,the City Council
took public testimony, considered pertinent recommendations from the Community Development
Director,and the Planning and Zoning Commission,and considered the proposal under the
applicable provisions of the Municipal Code as identified herein and voted three-one(3-1)to
approve the code changes;and,
WHEREAS,the Aspen City Council finds that the development proposal meets or exceeds
all the applicable standards and that the approval of the Code Amendments are consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS,the amendments to the Land Use Code are delineated as follows: Text
unaffected is black and in standard print and looks like this. - - _ - . _ . -
and text being added is green with underline and looks like this;
and, •
Ordinance 12, Series 2012, Zoning Amendments—CC and C-1
•
Page 1 of 10
WHEREAS,the City Council finds that this ordinance furthers and is necessary for the
promotion of public health, safety,and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO,AS FOLLOWS:
Section 1: Commercial Core(CC) Zone District
26.710.140(D) — Commercial Core (CC) Zone District — Dimensional Requirements, shall be
amended as follows:
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): twenty-eight (28) feet for two-story elements of a building. 38
commercial design review. See Chapter 26.112.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.
Upon passage of future code amendments by City Council, three-story structures may be
permitted to encourage certain uses deemed important, as may be defined at the time.
9. Minimum floor to floor heights:
a. First Floor: Ten (10) feet to a maximum of fifteen(15) feet
109. Minimum distance between buildings on the lot(feet): No requirement.
111-9. Public amenity space: Pursuant to Section 26.575.030.
1244. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively
up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject
to compliance with applicable design standards, view plane requirements, public amenity
Ordinance 12,Series 2012,Zoning Amendments—CC and C-1
Page 2 of 10
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.
c. Affordable multi-family housing: No limitation.
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.
e. Free-market multi-family housing: For non-historic properties: 0.5:1, be
if affordable housing equal to one hundred percent (100%) of the
free-market residential floor area is developed on the same parcel. For Historic
Landmark Properties: 0.5:1.
134-2. Maximum multi-family residential dwelling unit size (square feet): 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
certificates.
144-3. 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.
15.14. 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 26.710.140.D.l l.a. and b. combined on the same parcel.
Ordinance 12, Series 2012, Zoning Amendments—CC and C-1
Page 3 of 10
Section 2: Commercial (C-1) Zone District
26.710.150(C - D) — Commercial (C-1) Zone District — Conditional Uses, Dimensional
Requirements, shall be amended as follows:
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.
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):
thve and bBed and breakfast: 3,000.
b. All other uses: No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet):
a wing-and bed and breakfast: Same as R-6 Zone District. .
b. All other uses: No requirement.
3. Minimum lot width (feet):
a. . . . - . - . . - .. - _ . . .
dwelling-and-bBed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
4. Minimum front yard setback(feet):
a .
Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
5. Minimum side yard setback (feet):
a dig-and bBed and breakfast: Same as R-6 Zone District. .
b. All other uses: No requirement.
6. Minimum rear yard setback(feet):
•
dwelling-and-laBed 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.
Ordinance 12,Series 2012,Zoning Amendments—CC and C-1
Page 4 of 10
\ /
8. Maximum height:
a. dwelling nd f"Bed and breakfast: Same as R-6 Zone District.
b. All other uses: twenty-eight(28) feet for two-story elements of a building. Thirty-six
feet through commercial design review. See Chapter 26.4-12. 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.
Upon passage of future code amendments by City Council, three-story structures may be
permitted to encourage certain uses deemed important, as may be defined at the time.
9. Minimum floor to floor heights:
a. First Floor: Nine (9) feet to a maximum of thirteen(13)feet
4-09. Minimum distance between buildings on the lot (feet):
a. 9- ... - . - . - . • .. - .. . - • . . .
dwelling-afid b ed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement. II
114-0. Public amenity space: Pursuant to Section 26.575.030.
1244. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively
up to a total maximum FAR of 2.5:1. 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.
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.
e. Free-market multi-family housing: For non-historic properties: 0.5:1, which m y be
increased to .75:1 if affordable housing equal to one hundred percent (100%) of the
free-market residential floor area is developed on the same parcel. For Historic
Landmark Properties: 0.5:1.
Ordinance 12,Series 2012,Zoning Amendments—CC and C-1
Page 5 of 10
...-, -. - •• - . • . • , . . . - . - .. :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
District.) Extinguishment of historic TDRs shall not permit additional FAR for
single-family or duplex development.
134-2. Maximum multi-family residential dwelling unit size (square feet): 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.
1414. 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.
1544. 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.1 1.a. and b. combined on the same
parcel.
Section 3: Allowed Exceptions to Height Limitations
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
Ordinance 12,Series 2012,Zoning Amendments—CC and C-1
Page 6 of 10
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.
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 facade 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 fifteen (15) 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. All railings shall be set back from any Street
facing facade of the building by an amount equal to the height of the railing.
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 shall 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.
f. Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy
efficiency systems or renewable energy production systems and equipment including
•
Ordinance 12,Series 2012,Zoning Amendments—CC and C-1
Page 7 of 10
solar panels, wind turbines, or similar systems and the system's associated
equipment which is located on top of a building may extend up to five (5) feet above
the height of the building at the point the equipment is attached.
On any structure other than a single-family or duplex residential building or an
accessory building, these systems may extend up to ten (10) feet above height of the
building at the point the equipment is attached if set back from any Street facing
façade of the building a minimum of ffteen�twenty (4420) feet and the footprint of
the equipment is minimized and combined to the greatest extent practicable. Certain
additional restrictions may apply pursuant to Chapter 26.412, Commercial Design
Review.
The height and placement of energy efficiency or production systems which are not
located on top of a building (located independent of a building) shall be established
by the Planning and Zoning Commission pursuant to the procedures and criteria of
Chapter 264430 — Special Review. (Also see setback requirements for these systems
at sub-section E.5.)
Section 4: Effect Upon 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 5: 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 6: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty(30)days following final passage.
Section 7: Notice of Public Hearing.
A public hearing on this ordinance shall be held on the 2nd day of April, 2012, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130
S. Galena St., Aspen, Colorado,a minimum of fifteen 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.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of
March, 2012.
Ordinance 12, Series 2012, Zoning Amendments—CC and C-1
Page 8 of 10
ATTEST:
athryn S. /�ch,City Clerk Michael C. Ireland,M.' or
FINALLY,adopted,passed and approved this 2nd day of April,2012.
ATTEST:
A_100 Z/fAirS" '//
athryn S. Kiri,City Clerk Michael . Ireland,Marr
Approved as to form:
ames R True,City Attorney
Ordinance 12,Series 2012,Zoning Amendments—CC and C-1
Page 9 of 10
IVIUII, IVII LW, Lk, IL
7715535
Ad Ticket#5 ) 6
3 -C.)
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-Mail:
Client:
Caller: Kathryn Koch Cu 1 • As n
y.
Receipt State: CO Zip: 81611
Ad Name: 7715535A Original Id: 7715314
Editions: 8ATI/8ATW/ Class: 0990
Start: 03/29/12 Stop: 03/29/12
Color: Issue 1
Copyline: atw Ordinance 12 Rep: AT Legals
LEGAL NOTICE
Lines: 19 ORDINANCE #12, 2012 PUBLIC HEARING
Ordinance #12, Series of 2012, was adopted on
Depth: 1.6 first reading at the City Council meeting March 26.
2012. This ordinance. if adopted, will amend the
Columns: 1 height and FAR calculations within the CC and C-1
Discount: 0.00 zones. The public hearing on this ordinance is
scheduled for April 2. 2012 at 5 PM, City hall, 130
Commission: 0.00 South Galena.
Net: 0.00 To see the entire text, go to the city's legal notice
Tax 0.00 website
http://www,aspenpitkin,corn/Departments/.
Total 9.61. - Clerklegal-Notices/
If you would like a copy FAXed or e-rnailed to you.
Payment 0.00 call the city clerk's office. 429-2686.
Published in the Aspen Times Weekly on March
29, 2012. [7715535]
Ad shown is not actual print size
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